Difference between revisions of "Eyewitness Misidentification"

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* '''Instructing the witness:'''  important to emphasize that the suspect may not be in the lineup.  Official should discourage the witness from guessing if unsure. (Wells, Nieman Website)
 
* '''Instructing the witness:'''  important to emphasize that the suspect may not be in the lineup.  Official should discourage the witness from guessing if unsure. (Wells, Nieman Website)
  
* '''Number and Selection of Fillers:''' should use five or more fillers who fit the basic description of the suspect to ensure that one person does not obviously stand out as different(Wells, Nieman Website)
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* '''Lineup Composition:''' should use five or more fillers who fit the basic description of the suspect to ensure that one person does not obviously stand out as different.  Examples: should not be the only one of his/her race or the only one with facial hair.  Additionally, the same suspect should not be shown in multiple lineups. (Wells, Nieman Website)
  
* '''Sequential v. Simultaneous Display:''' When exhibiting a photographical lineup, experts suggest displaying the pictures sequentially, rather than simultaneously in order to combat the problem of relative judgment, in which the witness chooses the person most resembling the criminal from a simultaneous display. Currently, only the states of New Jersey and North Carolina mandate the sequential display. (Thompson 2009, 13)
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* '''Sequential v. Simultaneous Display:''' during a photographic lineup, experts suggest displaying the pictures sequentially, rather than simultaneously.  The problem with simultaneous display is that a witness tends to perform a relative judgment of which ''most resembles'' their image of the suspect. Currently only New Jersey and North Carolina mandate sequential display. (Thompson 2009, 13)
  
* Blind lineup: the lineup is conducted by another law enforcement official other than the case detective, who cannot distinguish between the lineup fillers and the person of interest and therefore cannot give the eyewitness subtle hints or indications about the identity of the suspect. (Fisher 2007, 5)  
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* '''Blind lineup:''' when the lineup is conducted by a law enforcement official other than the case detective.  This way, the officer conducting the lineup cannot distinguish between fillers and the individual of interest and cannot unintentionally or intentionally indicate the identity of the suspect. (Fisher 2007, 5)  
  
* Double blind lineup: The history of conducting psychological experiments has indicated that despite attempts to remain neutral, the experimenter can invariably betray some indication of his/her knowledge. Moreover, if the witness thinks that the conductor of the lineup knows the identity of the suspect, the witness is likely to interpret the any inadvertent signs given by him/her. (Bradfield 2002, 118) Whenever possible, the lineup should be conducted by a law enforcement official who does not know the identity of the suspect. Furthermore, the witness should be instructed that that the law enforcement official does not know the identification of the suspect. (Thompson 2009, 12)  
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* '''Confidence Statement:''' Immediately following identification, individual conducting the lineup should secure a statement from the eyewitness on their level of certainty.  Timing is extremely important.  An eyewitness tends to become more certain after being briefed by the police and prosecutors. (Bradfield, 119)  
  
* Collection of Certain Reports: Immediately following the identification, the person conducting the lineup should secure a statement from the victim on how certain he/she is of the identification. The timing of this statement is particularly important because it is the natural tendency of the victim to become highly certain of his/her identification later on in the case after being briefed by police and prosecutors. Having eyewitness report their certainty at the time of the identification without the contamination of external influences will prevent "certainty-inflating" information or external influences later. (Bradfield, 119)
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* '''Records:''' Investigators should maintain a clear record of every lineup, not just the one that resulted in identification of a suspect.  Additionally, identification should be video recorded whenever possible.  Recording benefits both the defense and the prosecution.  In the event of misconduct, the defense has visual evidence.  On the other hand, the prosecution may show the jury that the procedures were legitimate and aboveboard.  
 
 
* Clear Records: Investigators should maintain a clear record of all of the lineups, not just the one that resulted in the identification of the person who is the focus of the investigations.
 
  
 
== Practical Considerations for the Defender (Wells, Nieman Website) ==
 
== Practical Considerations for the Defender (Wells, Nieman Website) ==

Revision as of 15:41, 21 May 2010