Eyewitness Evidence: A Guide for Law Enforcement

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DIANE Publishing, Dec 1, 1999 - Law - 51 pages
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Contents

VI
13
VII
14
IX
15
XI
17
XII
18
XIV
19
XVI
20
XVII
21
XXV
25
XXVI
27
XXVII
28
XXIX
29
XXX
31
XXXII
33
XXXIV
38
XXXV
39


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Page v - ... Private foundation funds should be sought to help establish and administer the headquarters. It would provide channels for communication among citizen crime commissions, between such commissions and national agencies of government, and between crime commissions and mutual interest associations such as the International Association of Chiefs of Police, the National District Attorneys Association, the National Council on Crime and Delinquency, and others.
Page 29 - ... suspect randomly unless, where local practice allows, the suspect or the suspect's attorney requests a particular position. 4. Include a minimum of four fillers (nonsuspects) per identification procedure. 5. When showing a new suspect, avoid reusing fillers in lineups shown to the same witness. 6. Consider that complete uniformity of features is not required. Avoid using fillers who so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish...
Page 32 - Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of any identification. Summary: Instructions provided to the witness prior to presentation of a lineup will likely improve the accuracy and reliability of any identification obtained from the witness and can facilitate the elimination of innocent parties from the investigation. C. Principle: Policy: Conducting the Identification Procedure The identification procedure...
Page 32 - Instruct the witness that he/she will be asked to view a group of individuals. 2. Instruct the witness that it is just as important to clear innocent persons from suspicion as to identify guilty parties. 3. Instruct the witness that individuals present in the lineup may not appear exactly as they did on the date of the incident because features such as head and facial hair are subject to change. 4. Instruct the witness that the person who committed the crime may or may not be present in the group...
Page 30 - Create a consistent appearance between the suspect and fillers with respect to any unique or unusual feature (eg, scars, tattoos) used to describe the perpetrator by artificially adding or concealing that feature. 7. Consider placing suspects in different positions in each lineup, both across cases and with multiple witnesses in the same case. Position the suspect randomly in the lineup. 8. When showing a new suspect, avoid reusing fillers in lineups shown to the same witness. 9. Ensure that no writings...
Page 32 - ... 5. Assure the witness that regardless of whether an identification is made, the police will continue to investigate the incident. 6. Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of any identification. Summary: Instructions provided to the witness prior to presentation of a lineup will likely improve the accuracy and reliability of any identification obtained from the witness and can facilitate the elimination...
Page 27 - ... the perpetrator. 2. Consider transporting the witness to the location of the detained suspect to limit the legal impact of the suspect's detention. 3. When multiple witnesses are involved: a. Separate witnesses and instruct them to avoid discussing details of the incident with other witnesses. b. If a positive identification is obtained from one witness, consider using other identification procedures (eg, lineup, photo array) for remaining witnesses. 4. Caution the witness that the person he/she...
Page 29 - Preserve the presentation order of the photo lineup. In addition, the photos themselves should be preserved in their original condition. Live Lineup: In composing a live lineup, the investigator should: 1 . Include only one suspect in each identification procedure. 2. Select fillers who generally fit the witness' description of the perpetrator. When there is a limited/inadequate description of the perpetrator provided by the witness, or when the description of the perpetrator differs significantly...
Page 23 - Was the car red?"). 5. Caution the witness not to guess. 6. Ask the witness to mentally recreate the circumstances of the event (eg, "Think about your feelings at the time"). 7. Encourage nonverbal communication (eg, drawings, gestures, objects). 8. Avoid interrupting the witness. 9. Encourage the witness to contact investigators when additional information is recalled. 10. Instruct the witness to avoid discussing details of the incident with other potential witnesses.
Page 16 - Encourage the witness to avoid contact with the media or exposure to media accounts concerning the incident.

About the author (1999)

Janet Reno was born in Miami, Florida on July 21, 1938. She received a bachelor's degree in chemistry from Cornell University in 1960 and a law degree from Harvard Law School in 1963. She worked as a lawyer in South Florida and became active in local Democratic politics. In 1971, she was general counsel to the Judiciary Committee of the Florida House of Representatives. Then she worked in the prosecutor's office until 1976 when she joined a larger law firm. In 1978, she became the state attorney in Florida. She was the attorney general of the United States for the entire eight years of the Bill Clinton administration. She died from complications of Parkinson's disease on November 7, 2016 at the age of 78.

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