eyewitness identification

Georgia Public Safety Training Center04/22/23

Eyewitness IdentificationEyewitness Identification

Georgia Public Safety Training CenterGeorgia Public Safety Training Center

1000 Indian Springs Drive1000 Indian Springs Drive

Forsyth, GA 31029Forsyth, GA 31029

House Resolution

1071, urging all

Law enforcement

agencies to adopt

the best practices

of eye witness

Identification

by departmental

policy

• A ResolutionA Resolution

TERMSTERMS

• PEACE OFFICERPEACE OFFICER

TERMSTERMS

• IN-SERVICEIN-SERVICE

TERMSTERMS

• SUSPECTSUSPECT

TERMSTERMS

• ADMINISTRATORADMINISTRATOR

TERMSTERMS

• NEUTRAL INDEPENDENT ADMINISTRATORNEUTRAL INDEPENDENT ADMINISTRATOR

TERMSTERMS

• SIMULTANEOUS IDENTIFICATIONSIMULTANEOUS IDENTIFICATION

TERMSTERMS

• SEQUENTIAL IDENTIFICATIONSEQUENTIAL IDENTIFICATION

TERMSTERMS

• SHOWUP SHOWUP

TERMSTERMS

• PHYSICAL LINEUPPHYSICAL LINEUP

TERMSTERMS

• PHOTOGRAPHIC LINEUPPHOTOGRAPHIC LINEUP

TERMSTERMS

• FILLERFILLER

Georgia Peace OfficersGeorgia Peace Officers

• OCGA Title 35-8-9OCGA Title 35-8-9

Basic course of instructionBasic course of instruction

Georgia Law Enforcement Georgia Law Enforcement HandbookHandbook

Criminal Law & ProcedureCriminal Law & Procedure

• Chapter 6, Pre-Trial IdentificationChapter 6, Pre-Trial Identification

The United States Supreme Courts says:

• Pre-Trial IdentificationPre-Trial Identification

• Chapter 6-4 Lineups Chapter 6-4 Lineups (Physical Lineup)(Physical Lineup)

• Chapter 6-5 ShowupsChapter 6-5 Showups

Eyewitness Identification Eyewitness Identification

• Chapter 6-6 Picture Identification Chapter 6-6 Picture Identification (Photographic Lineup)(Photographic Lineup)

• Chapter 6-7 Presence of counselChapter 6-7 Presence of counsel

Interviewing EyewitnessesInterviewing Eyewitnesses

• INTERVIEWING INTERVIEWING

Interviewing EyewitnessesInterviewing Eyewitnesses

• INTERVIEWING INTERVIEWING

• PreparationPreparation

• PresentationPresentation

• PreservationPreservation

• Preparation & PresentationPreparation & Presentation

–ShowupsShowups

• Preparation Preparation

–ShowupsShowups

• Presentation Presentation

–ShowupsShowups

• Preservation Preservation

–ShowupsShowups

• Preservation Preservation

–ShowupsShowups

• PreparationPreparation

–Physical lineupsPhysical lineups

–Photographic lineupsPhotographic lineups

PREPARATIONPREPARATION

• Composing LineupsComposing Lineups

–Legal considerations Legal considerations

–Include only one suspect in each Include only one suspect in each identification procedureidentification procedure

• Include at least five fillersInclude at least five fillers

–Select fillers who generally fit the Select fillers who generally fit the witness’s description of the witness’s description of the perpetrator. perpetrator.

–Complete uniformity of features in Complete uniformity of features in not requirednot required

–Place suspects in different positions Place suspects in different positions in each lineup. in each lineup.

–When showing a new suspect, When showing a new suspect, avoid reusing fillers in lineups avoid reusing fillers in lineups shown to the same witness shown to the same witness

–Ensure that no writings are Ensure that no writings are markings concerning previous markings concerning previous arrest (s) will be visible to the arrest (s) will be visible to the witness witness

–View lineup once completed to View lineup once completed to ensure that the suspect does not ensure that the suspect does not unduly stand out. unduly stand out.

–Preserve the presentation orderPreserve the presentation order

Neutral Independent Administrator Neutral Independent Administrator

PRESENTATIONPRESENTATION

• Physical lineupsPhysical lineups

• Prior to beginning a physical lineup, Prior to beginning a physical lineup, the administrator should instruct all the administrator should instruct all those present not to suggest in any those present not to suggest in any way the position or identity of he way the position or identity of he suspect in the lineupsuspect in the lineup

–Advise the witness that he/she will Advise the witness that he/she will be asked to view a group of be asked to view a group of individualsindividuals

–Advise the witness that he/she does Advise the witness that he/she does not have to make an identification, not have to make an identification, and the identification procedure is and the identification procedure is important to the investigation important to the investigation whether or not an identification is whether or not an identification is mademade

–Advise the witness that it is just as Advise the witness that it is just as important to clear innocent persons important to clear innocent persons from suspicion as to identify guilty from suspicion as to identify guilty partiesparties

– Advise the witness that the individuals Advise the witness that the individuals depicted in the physical lineup may not depicted in the physical lineup may not appear exactly as the witness observed appear exactly as the witness observed on the date of the crime because on the date of the crime because features such as hairstyles and facial features such as hairstyles and facial hair are subject to changehair are subject to change

–Advise the witness that the Advise the witness that the perpetrator may or may not be perpetrator may or may not be among those shown in the physical among those shown in the physical lineuplineup

–Advise the witness that regardless Advise the witness that regardless of whether an identification is made, of whether an identification is made, law enforcement will continue to law enforcement will continue to investigate the crimeinvestigate the crime

–Confirm that the witness Confirm that the witness understands the lineup procedureunderstands the lineup procedure

–Advise the witness not to discuss Advise the witness not to discuss the identification procedure or its the identification procedure or its results with other witnesses results with other witnesses involved in the case and discourage involved in the case and discourage contact with the mediacontact with the media

• ADVISORY STATEMENTADVISORY STATEMENT

– Physical lineupPhysical lineup

ADVISORY ADVISORY STATEMENTSTATEMENT“In a moment I am going to show you a group of individuals. This group of individuals may or may not contain the person who committed the crime now being investigated. It is just as important to clear innocent persons from suspicion as to identify guilty parties. Whether or not you make an identification, the investigation will continue. Now, keep in mind that hair styles, beards, and mustaches may be easily changed. Pay no attention to any markings or number that may appear on or near the individual. When you have looked at all the individuals, tell me whether or not you see the person who committed the crime. You do not have to make an identification and the identification procedure is important to the investigation whether or not an identification is made. Do not tell other witnesses that you have or have not identified anyone. Do you understand?”

–If an identification is made, advise If an identification is made, advise the witness to give feedback in the witness to give feedback in his/her own words regarding his/her his/her own words regarding his/her level of confidence at the time of level of confidence at the time of the identificationthe identification

Simultaneous v SequentialSimultaneous v Sequential

• Simultaneous Simultaneous

• Presenting the IndividualsPresenting the Individuals

• SequentialSequential

• Presenting the IndividualsPresenting the Individuals

• Photograph lineupsPhotograph lineups

–Advise the witness that he/she will Advise the witness that he/she will be asked to view a group of be asked to view a group of photographsphotographs

–Advise the witness that he/she does Advise the witness that he/she does not have to make an identification, not have to make an identification, and the identification procedure is and the identification procedure is important to the investigation important to the investigation whether or not an identification is whether or not an identification is mademade

–Advise the witness that it is just as Advise the witness that it is just as important to clear innocent persons important to clear innocent persons from suspicion as to identify guilty from suspicion as to identify guilty partiesparties

– Advise the witness that the individuals Advise the witness that the individuals depicted in the physical lineup may not depicted in the physical lineup may not appear exactly as the witness observed appear exactly as the witness observed on the date of the crime because on the date of the crime because features such as hairstyles and facial features such as hairstyles and facial hair are subject to changehair are subject to change

–Advise the witness that the Advise the witness that the perpetrator may or may not be perpetrator may or may not be among those shown in the among those shown in the photograph lineupphotograph lineup

–Advise the witness that regardless Advise the witness that regardless of whether an identification is made, of whether an identification is made, law enforcement will continue to law enforcement will continue to investigate the crimeinvestigate the crime

–Confirm that the witness Confirm that the witness understands the lineup procedureunderstands the lineup procedure

–Advise the witness not to discuss Advise the witness not to discuss the identification procedure or its the identification procedure or its results with other witnesses results with other witnesses involved in the case and discourage involved in the case and discourage contact with the mediacontact with the media

• ADVISORY STATEMENTADVISORY STATEMENT

– Photograph lineupPhotograph lineup

ADVISORY ADVISORY STATEMENTSTATEMENT“In a moment I am going to show you a group of individuals. This group of individuals may or may not contain the person who committed the crime now being investigated. It is just as important to clear innocent persons from suspicion as to identify guilty parties. Whether or not you make an identification, the investigation will continue. Now, keep in mind that hair styles, beards, and mustaches may be easily changed. Pay no attention to any markings or number that may appear on or near the individual. When you have looked at all the individuals, tell me whether or not you see the person who committed the crime. You do not have to make an identification and the identification procedure is important to the investigation whether or not an identification is made. Do not tell other witnesses that you have or have not identified anyone. Do you understand?”

–If an identification is made, advise If an identification is made, advise the witness to give feedback in the witness to give feedback in his/her own words regarding his/her his/her own words regarding his/her level of confidence at the time of level of confidence at the time of the identificationthe identification

• Photographic lineupsPhotographic lineups

• SimultaneousSimultaneous

• Presenting the photographsPresenting the photographs

• PreservationPreservation

–Showups Showups

PRESERVATIONPRESERVATION

• Documenting Identification ResultsDocumenting Identification Results

• Document both identification and Document both identification and non-identification results including the non-identification results including the witness’s own words regarding how witness’s own words regarding how sure he/she is.sure he/she is.

• Ensure results are signed and dated Ensure results are signed and dated by the witnessby the witness

• Ensure that no materials indicating Ensure that no materials indicating previous identification results are previous identification results are visible to the witnessvisible to the witness

• Ensure that the witness does not Ensure that the witness does not write on or mark materials that will be write on or mark materials that will be used in other identification used in other identification proceduresprocedures

• LINEUPSLINEUPS

• Document any identification results Document any identification results and witness’s statement of certaintyand witness’s statement of certainty

• LINEUPSLINEUPS

• Document the lineup Document the lineup – Identification of lineup participants and Identification of lineup participants and

sources usedsources used– Names of all persons present Names of all persons present – Date and time the procedure was Date and time the procedure was

conductedconducted

• PHYSICAL LINEUPSPHYSICAL LINEUPS

• Documenting the participantsDocumenting the participants

Participant FormsPhysical LineupPhotographic Lineup

• LINEUPSLINEUPS

• Document the lineup by photo or Document the lineup by photo or video whenever possiblevideo whenever possible

• LINEUPSLINEUPS

• Advise the witness not to discuss the Advise the witness not to discuss the identification procedure or its results identification procedure or its results with other witnesses involved in the with other witnesses involved in the case and discourage contact with the case and discourage contact with the mediamedia

Physical Lineup ID

Photographic Lineup ID

• FOLLOW UPFOLLOW UP

AGENCY POLICYAGENCY POLICY

GACP Model Policy

IDENTIFICATION DISPLAY IDENTIFICATION DISPLAY FOLDERFOLDER

Identification Display Folder

eyewitness identification

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