Goal #4 Objective B

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Objective B:
Without the use of the course text or class notes, the student will identify the investigative follow-up aspects of eyewitness identification.

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When a crime occurs and a suspect is not immediately arrested at the scene, the eye witness is frequently the only way of identifying the offender.

Since the eyewitness identification frequently means the difference between freedom and incarceration for someone, the method used by investigators to determine if an eyewitness can identify the offender is carefully scrutinized by prosecutors, defense attorneys, and courts.

The objective of the scrutiny it to serve as a check against inappropriate influencing behavior on the part of the investigator.

Three Primary Methods Used for an Eyewitness to Identify a Suspect

• Line-Up
  
• Show-Up
  
• Photo Spread
  

Line-Up -
A system used to determine if an eyewitness can recognize a specific person from a group of persons.

Arranging a line-up

• Do not show any photographs to the witness prior to the line-up
  
• Do not offer the witness any description of the suspect prior to the line-up
  
• The investigator in charge of the case should not conduct the line-up, however he may be present
  
• Unauthorized persons should be excluded
  
• Choose volunteers for the line-up who resemble the suspect in:
  
  • age
    
  • height
    
  • weight
    
  • general appearance
    
• Try to use at least 10 persons ( a 2:1 volunteer/suspect ratio has been upheld in court under extreme conditions)
  
• Try to refrain from using police officers as volunteers
  

Conducting the Line-Up

• Direct the suspect to choose a place in line
  
• Have a stenographer record every incident and conversation verbatim from this point to the end of the line-up
  
• Ask the accused if he is satisfied with his place in the line-up
  
• Record from left to right, by numbers, for each person in the line-up:
  
  • name
    
  • address
    
  • occupation
    
  • age
    
  • height
    
  • weight
    
  • complete description of clothing
    
• Take several photographs of the full line-up
  
• You may instruct the persons in the line-up to
  
  • turn left
    
  • turn right
    
  • walk a few steps
    
  • repeat a particular sentence
    
• Ask the eye witness to identify, by numbering from the left, any person in the line-up whom they have seen before.
  
• Make detailed notes, especially of any unusual actions or statements by the suspect which indicate:
  
  • a guilty attitude
    
  • an attempt to disguise his voice or appearance
    
• Do not permit the witness to communicate with other witnesses after he has viewed the line-up
  
• Repeat the procedure with other witnesses
  

Occasionally a suspect will refuse to participate in a line-up. When this occurs, this can be noted in the investigative case file and a photo spread (will be discussed in this objective) should be used.

Show-Up -
When a situation arises in which a proper line-up cannot be arranged quickly, a one-on-one confrontation or show-up may be the only method that can be used for an eye witness identification.

Generally the show-up must occur within about 20 minutes of the crime (some state laws permit more time).

A show-up will be heavily attacked in court by defense attorneys and courts have not been strongly supportive of this method because it is strongly suggestive.

In order for a show-up it to withstand scrutiny in court, the investigator will be required to demonstrate some compelling circumstance that excluded the possibility of a line-up.

Arranging the Show-up

• When stopping a suspect have them stand in full view of the road
  
• Avoid handcuffing (if possible)
  
• Have officers at the scene drive the eye witness past the location where the suspect is stopped
  

Conducting the Show-Up

• An officer at the scene should transport each eye witness one-at-a-time (keeping them separated before and after transport)
  
• The transporting officer should drive past the location where the subject is stopped and note the observations of the eye witness (it is always better to avoid saying "we are approaching the suspect" or "is that him?" The more spontaneous the recognition and identification, the better
  

Photo Spread -
Osterburg calls this a "Rogues Gallery File." Like a show-up, this is a less preferred method to a line-up.

Arranging the Photo Spread

• Collect a reasonable number (usually six or more) of photographs that share common characteristics with the suspect
  
• Complete a photo spread report by logging the name and other identifying characteristics of the person in each photo and the sequence in which it is to be shown
  

Conducting the Photo Spread

• An investigator should inform the eye witness that he would like them to view some photographs
  
• Ask the witness to identify, by photo number, any person they have before
  
• Note any responses by the eye witness
  Only one eye witness at a time should be permitted to view the photo spread
  
• Each photo spread identification should only be permitted outside the view or hearing of other eye witnesses
  
• The investigator should offer no opinion or comment on which is the suspect
  
• When a positive identification is made, a record should be made of all of the photographs shown, and the sequence
  
• The witness should initial and date the back of the photographs
  
• The photographs should be placed in an envelope and marked as evidence
  

Regardless of the identification method used, it must be remembered by the investigator that juries regard eye witness identification as very compelling, perhaps beyond it's real accuracy rate.

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Continue to Goal #4 - Objective C.
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