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) | ||
− | * ''' | + | * '''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:''' | + | * '''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 | + | * '''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) |
− | * | + | * '''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) |
− | * | + | * '''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. |
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== Practical Considerations for the Defender (Wells, Nieman Website) == | == Practical Considerations for the Defender (Wells, Nieman Website) == |