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Eyewitness Identification. Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA 31029. Eyewitness Identification. House Resolution 1071, urging all Law enforcement agencies to adopt the best practices of eye witness Identification by departmental policy.

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Presentation Transcript
eyewitness identification

Eyewitness Identification

Georgia Public Safety Training Center

1000 Indian Springs Drive

Forsyth, GA 31029

eyewitness identification2
Eyewitness Identification

House Resolution 1071, urging all

Law enforcement agencies to adopt

the best practices of eye witness Identification

by departmental policy

terms
TERMS

PEACE OFFICER

terms5
TERMS

IN-SERVICE

terms6
TERMS

SUSPECT

terms7
TERMS

ADMINISTRATOR

terms8
TERMS

NEUTRAL INDEPENDENT ADMINISTRATOR

terms9
TERMS

SIMULTANEOUS IDENTIFICATION

terms10
TERMS

SEQUENTIAL IDENTIFICATION

terms11
TERMS

SHOWUP

terms12
TERMS

PHYSICAL LINEUP

terms13
TERMS

PHOTOGRAPHIC LINEUP

terms14
TERMS

FILLER

georgia peace officers
Georgia Peace Officers

OCGA Title 35-8-9

Basic course of instruction

eyewitness identification17
Eyewitness Identification

The United States

Supreme Courts says:

3/10/2014

georgia law enforcement handbook criminal law procedure18
Georgia Law Enforcement HandbookCriminal Law & Procedure

Pre-Trial Identification

Chapter 6-4 Lineups (Physical Lineup)

georgia law enforcement handbook criminal law procedure19
Georgia Law Enforcement HandbookCriminal Law & Procedure

Pre-Trial Identification

Chapter 6-4 Lineups (Physical Lineup)

georgia law enforcement handbook criminal law procedure20
Georgia Law Enforcement HandbookCriminal Law & Procedure

Pre-Trial Identification

Chapter 6-5 Showups

eyewitness identification21
Eyewitness Identification

The United States

Supreme Courts says:

3/10/2014

georgia law enforcement handbook criminal law procedure22
Georgia Law Enforcement HandbookCriminal Law & Procedure

Pre-Trial Identification

Chapter 6-6 Picture Identification (Photographic Lineup)

eyewitness identification23
Eyewitness Identification

The United States

Supreme Courts says:

3/10/2014

georgia law enforcement handbook criminal law procedure24
Georgia Law Enforcement HandbookCriminal Law & Procedure

Pre-Trial Identification

Chapter 6-7 Presence of counsel

eyewitness identification25
Eyewitness Identification

The United States

Supreme Courts says:

3/10/2014

eyewitness identification28
Eyewitness Identification

Preparation

Presentation

Preservation

eyewitness identification29
Eyewitness Identification

Preparation & Presentation

Showups

eyewitness identification30
Eyewitness Identification

Preparation

Showups

eyewitness identification31
Eyewitness Identification

Presentation

Showups

eyewitness identification32
Eyewitness Identification

Preservation

Showups

eyewitness identification33
Eyewitness Identification

Preservation

Showups

eyewitness identification34
Eyewitness Identification

Preparation

Physical lineups

Photographic lineups

preparation
PREPARATION

Composing Lineups

Legal considerations

preparation36
PREPARATION

Composing Lineups

Include only one suspect in each identification procedure

preparation37
PREPARATION

Composing Lineups

Include at least five fillers

preparation38
PREPARATION

Composing Lineups

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

preparation39
PREPARATION

Composing Lineups

Complete uniformity of features in not required

preparation40
PREPARATION

Composing Lineups

Place suspects in different positions in each lineup.

preparation41
PREPARATION

Composing Lineups

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

preparation42
PREPARATION

Composing Lineups

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

preparation43
PREPARATION

Composing Lineups

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

preparation44
PREPARATION

Composing Lineups

Preserve the presentation order

eyewitness identification45
Eyewitness Identification

Presentation

Physical lineups

Photographic lineups

eyewitness identification46
Eyewitness Identification

Neutral Independent Administrator

eyewitness identification47
Eyewitness Identification

Presentation

Physical lineups

Photographic lineups

presentation
PRESENTATION

Physical lineups

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

3/10/2014

presentation49
PRESENTATION

Physical lineups

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

presentation50
PRESENTATION

Physical lineups

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

presentation51
PRESENTATION

Physical lineups

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

presentation52
PRESENTATION

Physical lineups

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

presentation53
PRESENTATION

Physical lineups

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

presentation54
PRESENTATION

Physical lineups

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

presentation55
PRESENTATION

Physical lineups

Confirm that the witness understands the lineup procedure

presentation56
PRESENTATION

Physical lineups

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

presentation57
PRESENTATION

ADVISORY STATEMENT

Physical lineup

advisory statement
ADVISORY STATEMENT

“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?”

3/10/2014

presentation59
PRESENTATION

Physical lineups

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

eyewitness identification60
Eyewitness Identification

Simultaneous v Sequential

presentation61
PRESENTATION

Physical lineups

Simultaneous

presentation62
PRESENTATION

Physical lineups

Simultaneous

Presenting the Individuals

presentation63
PRESENTATION

Physical lineups

Sequential

presentation64
PRESENTATION

Physical lineups

Sequential

Presenting the Individuals

presentation65
PRESENTATION

Photograph lineups

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

presentation66
PRESENTATION

Photograph lineups

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

presentation67
PRESENTATION

Photograph lineups

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

presentation68
PRESENTATION

Photograph lineups

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

presentation69
PRESENTATION

Photograph lineups

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

presentation70
PRESENTATION

Photograph lineups

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

presentation71
PRESENTATION

Photograph lineups

Confirm that the witness understands the lineup procedure

presentation72
PRESENTATION

Photograph lineups

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

presentation73
PRESENTATION

ADVISORY STATEMENT

Photograph lineup

advisory statement74
ADVISORY STATEMENT

“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?”

3/10/2014

presentation75
PRESENTATION

Photograph lineups

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

presentation76
PRESENTATION

Photographic lineups

Simultaneous

presentation77
PRESENTATION

Photographic lineups

Sequential

presentation78
PRESENTATION

Photographic lineups

Sequential

Presenting the photographs

eyewitness identification79
Eyewitness Identification

Preservation

Showups

Physical lineups

Photographic lineups

preservation
PRESERVATION

Documenting Identification Results

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

preservation81
PRESERVATION

Documenting Identification Results

Ensure results are signed and dated by the witness

preservation82
PRESERVATION

Documenting Identification Results

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

preservation83
PRESERVATION

Documenting Identification Results

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

preservation84
PRESERVATION

LINEUPS

Document any identification results and witness’s statement of certainty

preservation85
PRESERVATION

LINEUPS

Document the lineup

Identification of lineup participants and sources used

Names of all persons present

Date and time the procedure was conducted

preservation86
PRESERVATION

PHYSICAL LINEUPS

Documenting the participants

preservation87
PRESERVATION

Participant Forms

Physical Lineup

Photographic Lineup

preservation88
PRESERVATION

LINEUPS

Document the lineup by photo or video whenever possible

preservation89
PRESERVATION

LINEUPS

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

preservation90
PRESERVATION

Physical Lineup ID

Photographic Lineup ID

preservation91
PRESERVATION

FOLLOW UP

agency policy
AGENCY POLICY

GACP Model Policy

identification display folder
IDENTIFICATION DISPLAY FOLDER

Identification

Display

Folder

3/10/2014

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