Eyewitness Identification. Leader Guide

Transcription

1 Leader Guide Georgia Police Academy August 2008

2 Acknowledgements Development of this program Trademarks & Copyright Acknowledgements PowerPoint is a registered trademark of Microsoft Corporation. Official Code of Georgia (2008) Georgia Law Enforcement Handbook (2008) United States and Georgia Court Decisions Legislative Resolution Witness Identification Accuracy Enhancement Act This leader guide was created with: a product of Great Circle Learning, Inc.

3 Leader Guide Getting Started INTRODUCTORY MATERIAL Table of Contents...2 Table of Contents...i Getting Started...iii About This Guide...iii About This Guide, continued...iv About This Guide, continued...v The Program In Perspective...vi Program Preparation...vii Training At A Glance...viii Witness Identification Accuracy Enhancement Act...1 Introduction and Overview...2 Terms...5 Pre-Trial Identification...14 Procedures...25 Interviewing Eyewitnesses...26 Preparation, Presentation, Preservation...29 Showups...30 Lineup Preparation...35 Lineup Presentation...44 Lineup Preservation...77 Agency Policy...87 Agency Policy...88 MODULES 2008 State of Georgia. GPSTC. All Rights Reserved Page i Rev. Date 8/25/2008

4 Training At A Glance Leader Guide...2 Table of Contents...i Getting Started...iii About This Guide...iii About This Guide, continued...iv About This Guide, continued...v The Program In Perspective...vi Program Preparation...vii Training At A Glance...viii Witness Identification Accuracy Enhancement Act...1 Introduction and Overview...2 Terms...5 Pre-Trial Identification...14 Procedures...25 Interviewing Eyewitnesses...26 Preparation, Presentation, Preservation...29 Showups...30 Lineup Preparation...35 Lineup Presentation...44 Lineup Preservation...77 Agency Policy...87 Agency Policy...88 Page ii

5 Leader Guide Getting Started Getting Started About This Guide What s the purpose of this guide? This leader guide provides a master reference document to help you prepare for and deliver the Eyewitness Identification program. What will I find in the guide? This leader guide is a comprehensive package that contains the workshop delivery sequence checklists of necessary materials and equipment presentation scripts and key points to cover, and instructions for managing exercises, case studies, and other instructional activities. How is this guide organized? This section, Getting Started, contains all of the preparation information for the program, such as learning objectives, pre-work, required materials, and room set-up. Following this section is the Training At A Glance table. This table can serve as your overview reference, showing the module names, timings, and process descriptions for the entire program. Finally, the program itself is divided into modules, each of which is comprised of one or more lessons. A module is a self-contained portion of the program, usually lasting anywhere from 20 to 90 minutes, while a lesson is a shorter (typically 5-20 minute) topic area. Each module begins with a one-page summary showing the Purpose, Time, Process, and Materials for the module. Use these summary pages to get an overview of the module that follows State of Georgia. GPSTC. All Rights Reserved Page iii Rev. Date 8/25/2008

6 Training At A Glance Leader Guide About This Guide, continued How is the text laid out in this guide? Every action in the program is described in this guide by a text block like this one, with a margin icon, a title line, and the actual text. The icons are designed to help catch your eye and draw quick attention to what to do and how to do it. For example, the icon to the left indicates that you, the instructor, say something next. The title line gives a brief description of what to do, and is followed by the actual script, instruction set, key points, etc. that are needed to complete the action. A complete list of the margin icons used in this guide is provided on the following page. TRAINER NOTE You may also occasionally find trainer notes such as this one in the text of this guide. These shaded boxes provide particularly important information in an attention-getting format. Page iv

7 Leader Guide Getting Started About This Guide, continued Graphic Cues Module Purpose Overhead Participant Workbook Lab Exercise Projected Image Custom 1 Time Transition Flipchart Handouts Custom 2 Module Process Break / Lunch Group Activity Role Play Custom 3 Materials Required Audio Tape Case Study Instructiona l Game Custom 4 VHS To say Video Tape Assessme nt/ Quiz/Test Question & Answer Custom 5 Key points Computer/ CDROM Tool Welcome Custom State of Georgia. GPSTC. All Rights Reserved Page v Rev. Date 8/25/2008

8 Training At A Glance The Program In Perspective Leader Guide Why a program? The purpose of this comprehensive law enforcement officer in-service training program is to establish guidelines and procedures for conducting showups, photographic lineups, and physical lineups. Learning Objectives Given a law enforcement encounter regarding eyewitness identification, students will properly administer the correct procedure in accordance with the Witness Identification Accuracy Enhancement Act of After completing this program, participants will be able to: Discuss the legal requirements outlined in Chapter 6 Pretrial Identification of the Georgia Law Enforcement Handbook. Discuss the guidelines established by legislative resolution Discuss the amendments to Title 35 of the Official Code of Georgia Annotated. Discuss the amendments to Chapter 4 of Title 17 of the Official Code of Georgia Annotated. Discuss the proper procedure for eyewitness identification. Discuss the differences between sequential and simultaneous identification. Discuss the Neutral Independent Administrator. Discuss agency policy Program Timing 2 hours Number of Participants This course is designed for unlimited participants depending on agency size. Page vi

9 Leader Guide Program Preparation Getting Started Pre-Work Peace Officers certification Required Materials Participant Workbooks Digital Projector Laptop Computer PowerPoint Slides Room Set-Up The course is best taught using the academic classroom. Instructor Preparation Familiarize yourself with the contents of this Witness Identification Accuracy Enhancement Act Leader Guide State of Georgia. GPSTC. All Rights Reserved Page vii Rev. Date 8/25/2008

10 Training At A Glance Leader Guide Training At A Glance Time Module Description 30 minutes Witness Identification Accuracy Enhancement Act 1 hour and 15 minutes Eyewitness Identification Procedures The instructor conveys information regarding the Witness Identification Accuracy Enhancement Act of The instructor conveys the procedures regarding the preparation, presentation and preservation of eyewitness identification. 15 minutes Agency Policy The instructor explains agency policy for showups, physical lineups, and photographic lineup in accordance with the Witness Identification Accuracy Enhancement Act of Page viii

11 Leader Guide Agency Policy Witness Identification Accuracy Enhancement Act Purpose The purpose of this module is to provide an overview of the Witness Identification Accuracy Enhancement Act of Time 30 minutes Process The instructor conveys information regarding the Witness Identification Accuracy Enhancement Act of Materials Needed Participant Workbooks Digital Projector Laptop Computer PowerPoint Slides 2008 State of Georgia. GPSTC. All Rights Reserved Page 1 Rev. Date 8/25/2008

12 Agency Policy Introduction and Overview Leader Guide Show Slide 1: 1000 Indian Springs Drive Forsyth, GA Witnesses play a critical role in our criminal justice system. They are often essential to identifying, arresting, and convicting offenders of crimes and in some cases may provide the piece of evidence against those individuals. For these reasons, the value of accurate and reliable eyewitness evidence cannot be overstated. The vast majority of eyewitness identifications are accurate and provide a trustworthy evidence for the trier of fact. However, there have been several cases in which DNA testing has exonerated individuals convicted on the basis of eyewitness testimony. Justice is not served when the wrong person is incarcerated for a crime they did not commit. Understanding the complex issues associated with identification practices, the House Study Committee on Procedures was created by the Georgia State Legislature. The multidisciplinary group developed guidelines and procedures for law enforcement and are urging their use in investigations involving eyewitness evidence. Page 2

13 Leader Guide Introduction and Overview Agency Policy Show Slide 2: House Resolution 1071, urging all Law enforcement agencies to adopt the best practices of eye witness Identification by departmental policy HANDOUT: A Resolution Urging all law enforcement agencies of this state to develop and implement written policies for conducting showups, photographic lineups, and physical lineups setting forth the manner in which these operations shall be conducted; and for other purposes State of Georgia. GPSTC. All Rights Reserved Page 3 Rev. Date 8/25/2008

14 Agency Policy Introduction and Overview Leader Guide Show Slide 3: A Resolution The Georgia House of Representatives, on April 2, 2008, passed a resolution urging all law enforcement agencies to review their existing policy and procedures or to develop policy and procedure in eyewitness identification and to consider all the alternatives in deciding which of the methods constitute the best practice for their agency. While a House Bill to mandate this training was proposed, it did not prevail. When the training is complete it is still imperative that agencies develop and implement policy in the area of eyewitness identification. One review of the State purported that less than 10% of our agencies currently have policy. Page 4

15 Leader Guide Terms Agency Policy Show Slide 4: TERMS PEACE OFFICER Definition of terms always being critical to understanding, please spend some time learning the definitions of critical terms so that that complete communication occurs here. Peace Officer is defined as: An Agent, operative, or officer of this state, a subdivision or municipality thereof, or a railroad who, as an employee for hire or as a volunteer, is vested either expressly by law or by virtue of public employment or service with authority to enforce the criminal or traffic laws through the power of arrest and whose duties include the preservation of public order, the protection of life and property, and the prevention, detection, or investigation of crime; An enforcement officer who is employed by the Department of Transportation in its Office of Permits and Enforcement and any person employed by the Department of Juvenile Justice who is designated by the commissioner to investigate and apprehend unruly and delinquent children; 2008 State of Georgia. GPSTC. All Rights Reserved Page 5 Rev. Date 8/25/2008

16 Agency Policy Terms Leader Guide (B.1) Personnel who are authorized to exercise the power of arrest, who are employed or appointed by the Department of Juvenile Justice, and whose full-time duties include the preservation of public order, the protection of life and property, the detection of crime, or the supervision of delinquent and unruly children in the department s institutions, facilities, or programs; Personnel who are authorized to exercise the power of arrest and who are employed or appointed by the Department of Corrections, the State Board of Pardons and Paroles, municipal correctional institutions employing 300 or more correctional officers, county probation systems, and county correctional institutions; and An administrative investigator who is an agent, operative, investigator, or officer of this state whose duties include the prevention, detection, and investigation of violations of law and the enforcement of administrative, regulatory, licensing, or certification requirements of his or her respective employing agency. Show Slide 5: IN-SERVICE TERMS Page 6

17 Leader Guide Terms Agency Policy In-service means continuing education for peace officers which is in addition to the basic training course set forth in Code Section Show Slide 6: SUSPECT TERMS Suspect means a person under investigation for participation in a crime State of Georgia. GPSTC. All Rights Reserved Page 7 Rev. Date 8/25/2008

18 Agency Policy Terms Leader Guide Show Slide 7: TERMS ADMINISTRATOR Administrator means the peace officer who administers the showup, physical lineup, or photographic lineup. Show Slide 8: TERMS NEUTRAL INDEPENDENT ADMINISTRATOR Page 8

19 Leader Guide Terms Agency Policy Neutral Independent Administrator means the peace officer who administers the physical lineup or photographic lineup, but does not know which person in the lineup is the suspect. Show Slide 9: TERMS SIMULTANEOUS IDENTIFICATION In a simultaneous identification procedure (physical or photographic), all members of the lineup are shown to the witness at the same time. This allows the witness to compare all lineup members before making a decision State of Georgia. GPSTC. All Rights Reserved Page 9 Rev. Date 8/25/2008

20 Agency Policy Terms Leader Guide Show Slide 10: TERMS SEQUENTIAL IDENTIFICATION In a sequential identification procedure (physical or photographic), the witness views only one member of the lineup at a time. The witness must make a decision on each lineup member before viewing the next lineup member. Page 10

21 Leader Guide Terms Agency Policy Show Slide 11: TERMS SHOWUP Showup means a witness views a single suspect for purposes of identification of the suspect as the perpetrator of the crime. Show Slide 12: TERMS PHYSICAL LINEUP 2008 State of Georgia. GPSTC. All Rights Reserved Page 11 Rev. Date 8/25/2008

22 Agency Policy Terms Leader Guide Physical lineup means a selected group of persons presented to a witness containing a suspect and several fillers for the purpose of determining whether the witness is able to identify the suspect or eliminate the suspect as the perpetrator of the crime. Show Slide 13: TERMS PHOTOGRAPHIC LINEUP Photographic lineup means a selected group of photographs of persons presented to a witness containing a single suspect and several fillers for the purpose of determining whether the witness is able to identify the suspect or eliminate the suspect as the perpetrator of the crime. This process can be presented in a six person array, a physical mug book, a digital mug book or many pictures in a sequential order. Page 12

23 Leader Guide Terms Agency Policy Show Slide 14: TERMS FILLER Filler means a person or photograph of a person who is not a suspect in the crime under investigation and is made part of a physical lineup or a photographic lineup and presented to a witness State of Georgia. GPSTC. All Rights Reserved Page 13 Rev. Date 8/25/2008

24 Agency Policy Leader Guide Pre-Trial Identification Show Slide 15: Georgia Peace Officers OCGA Title Basic course of instruction OCGA Title Basic Course of Instruction In addition to complying with the pre-employment standards as set forth in Code Section , each and every candidate shall satisfactorily complete a basic training course prior to his or her appointment as a peace officer. During Georgia Peace Officer Basic Mandate Training, candidates study the Georgia Law Enforcement Handbook, Criminal Law & Procedure Page 14

25 Leader Guide Pre-Trial Identification Agency Policy Show Slide 16: Georgia Law Enforcement Handbook Criminal Law & Procedure Chapter 6, Pre-Trial Identification In the Georgia Law Enforcement Handbook, Criminal Law & Procedure, Chapter 6 is concerned only with eyewitness identification, photographic identification, and voice identification. There have been cases in which a defendant was convicted of a crime because of the testimony of an eyewitness who incorrectly identified him as the person committing the crime. In some of these incidents, the evidence has been extremely weak. It has been stated that erroneous identification of the accused constitutes the major cause of known wrongful convictions. The goal of a increased focus on the eyewitness identification training is to reduce the potential of error in our identification processes State of Georgia. GPSTC. All Rights Reserved Page 15 Rev. Date 8/25/2008

26 Agency Policy Pre-Trial Identification Leader Guide Show Slide 17: The United States Supreme Courts says: Please take the time to read and understand all the following cases as decided by the United States Supreme Court that address the issue of eyewitness identification. HANDOUT: Court Cases; United States v. Wade 388 U.S. 218 (1967) U.S. Supreme Court Gilbert v. California 388 U.S. 263 (1967) U.S. Supreme Court Stovall v. Denno 388 U.S. 293 (1967) U.S. Supreme Court Simmons v. State 262 Ga. App. 164, 585 S.E. 2d 93 Simmons v. United States 390 U.S. 377 (1968) U.S. Supreme Crt. Foster v. California 394 U.S. 440 (1969) U.S. Supreme Court Kirby v. Illinois 406 U.S. 682 (1972) U.S. Supreme Court Moore v. Illinois 434 U.S. 220 (1977) U.S. Supreme Court Neil v. Biggers 409 U.S. 188 (1972) U.S. Supreme Court United States v. Crews 445 U.S. 463 (1980) U.S. Page 16

27 Leader Guide Pre-Trial Identification Agency Policy Supreme Court United States v. Ash 413 U.S. 300 (1973) U.S. Supreme Cour Show Slide 18: Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial Identification Chapter Lineups (Physical Lineup) A physical lineup is distinguished from a showup by the fact that a physical lineup requires the witness to identify the alleged perpetrator of a crime from among a number of persons while a showup is a one-on-one identification whereby the witness is shown only one person and in effect asked if this is the person who committed the crime. The showup should only be used within a short window of time after the commission of the crime. Remember, you are showing the witness only one person and asking is this the one that you saw committ the crime Good chance that the witness sees him/her in your custody and feels some pressure to identify the one you nabbed Be careful State of Georgia. GPSTC. All Rights Reserved Page 17 Rev. Date 8/25/2008

28 Agency Policy Pre-Trial Identification Leader Guide Show Slide 19: Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial Identification Chapter Lineups (Physical Lineup) Rules or guidelines for physical lineup identifications have been suggested by and for various groups of law enforcement officers. These suggestions may be helpful to counsel attending a lineup and in connection with the cross-examination of witnesses who have given eyewitness identification testimony. All persons in the physical lineup should be of the same general age and race and have similar characteristics. Clothing worn by each person should be similar. Any movements or statements should be made by each person in the physical lineup, one at a time. It now seems clear that under Georgia law a person in a physical lineup may be compelled to speak certain words. A color Photo of the physical lineup should be taken and developed as soon as possible. A witness should be prevented from seeing the defendant in custody prior to physical lineup. Witness should not be shown a photograph of the defendant before physical lineup. Page 18 If more than one person is to view a physical lineup, the

29 Leader Guide Pre-Trial Identification Agency Policy witnesses should do so one at a time and out of the presence of the other. No actions should be taken or statements made to a witness to suggest that a suspect is standing in any particular place. As few persons as possible should be allowed in the room when the physical lineup is conducted. The witness, before entering the room where the physical lineup is to be conducted, should be given a form on which his identification can be marked and signed. There should be at least six persons in the physical lineup. Statements by persons in a physical lineup should not be requested unless a witness suggests it. If statements are made, all participants should repeat the same words. If counsel is present, he should be allowed to make suggestions. Prior to the physical lineup, the witness should give a detailed description of the perpetrator. This description should be reduced to writing before the physical lineup. If possible, law enforcement officers should not be used in physical lineups. Some authorities feel that blank lineups lineups which are held in the absence of the suspect- should be utilized. Blank lineups could prevent witness from picking out the person in the physical lineup looking most like the accused even if the person is not the perpetrator of the crime. The names and addresses of all persons participating in the physical lineup should be preserved. In Georgia, it has been held that a suspect has no right to refuse to take part in a physical lineup. Generally, if a person is lawfully incarcerated on an unrelated charge, he may be forced to be a stand in in a physical lineup State of Georgia. GPSTC. All Rights Reserved Page 19 Rev. Date 8/25/2008

30 Agency Policy Pre-Trial Identification Leader Guide Show Slide 20: Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial Identification Chapter 6-56 Showups The identification need not be excluded as long as the identification was reliable notwithstanding any suggestive procedure under all the circumstances. on-the-scene show up identifications have been held not to be impermissibly suggestive where they are necessary due to the practicalities of the situation Page 20

31 Leader Guide Pre-Trial Identification Agency Policy Show Slide 21: The United States Supreme Courts says: Court Cases; Neil v. Biggers 409 U.S. 188 (1972) U.S. Supreme Court Pickstock v. State 235 Ga. App. 451, 509 S.E. 2d 717 Horne v. State 281 Ga. App. 799, 642 S.E. 2d 659 (2007) M. A. K. v. State 171 Ga. App. 151, 318 S.E. 2d 828 (1984) 2008 State of Georgia. GPSTC. All Rights Reserved Page 21 Rev. Date 8/25/2008

32 Agency Policy Pre-Trial Identification Leader Guide Show Slide 22: Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial Identification Chapter Picture Identification (Photographic Lineup) A Picture Identification (Photographic Identification) is based on the review of photographs. Show Slide 23: The United States Supreme Courts says: Page 22

33 Leader Guide Pre-Trial Identification Agency Policy Court Cases; United States v. Ash 413 U.S. 300 (1973) U.S. Supreme Court Branch v. Estelle 631 F. 2d 1229(5th Cir. 1980) Daniel v. State 181 Ga. App. 842, 353 S.E. 2d 926 (1987) Brewer v. State 136 Ga. App. 285, 220 S. E. 2d 780 (1975 Huggins v. State 173 Ga. App. 457, 326 S.E. 2d 821 (1985) White v. State 213 Ga. App. 429, 434 (6), 445 S.E. 2d 309 (1994) Heard v. State 210 Ga. App. 805, 437 S.E. 2d 496 (1993) Graham v. State246 Ga. App. 705, 707 (2), 541 S.E. 2d 679 (2000) Passman v. Blackburn 652 F. 2d 559 (5th Cir. 1981) Colston v. State 205 Ga. App. 782, 423 S.E. 2d 714 (1992) Show Slide 24: Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial Identification Chapter Presence of counsel 2008 State of Georgia. GPSTC. All Rights Reserved Page 23 Rev. Date 8/25/2008

34 Agency Policy Pre-Trial Identification Leader Guide Defense counsel has a right to be present when his client is present at any kind of identification at or after the initiation of the adversary criminal proceeding. Conversely, there is no right to counsel at an identification before the initiation of the adversary criminal proceeding. Like most other rights, the presence of counsel may be waived. Show Slide 25: The United States Supreme Courts says: Court Case; Moore v. Illinois 434 U.S. 220 (1977) U.S. Supreme Court Transition to Procedures Page 24

35 Leader Guide Agency Policy Procedures Purpose The purpose of this module is to establish guidelines and procedures for conducting showups, photographic lineups, and physical lineups in accordance with the Witness Identification Accuracy Enhancement Act of Time 1 hour and 15 minutes Process The instructor conveys the procedures regarding the preparation, presentation and preservation of eyewitness identification. Materials Needed Participant Workbooks Digital Projector Laptop Computer PowerPoint Slides 2008 State of Georgia. GPSTC. All Rights Reserved Page 25 Rev. Date 8/25/2008

36 Agency Policy Interviewing Eyewitnesses Leader Guide Show Slide 26: Interviewing Eyewitnesses INTERVIEWING Essential to any officer s ability to conduct eyewitness identifications is his/her competence, knowledge, and judgment when initiating and receiving information from eyewitnesses involving their observations and identifications of perpetrators. When interviewing eyewitnesses regarding their observations in order to make an eyewitness identification of a perpetrator, peace officers must ensure first that the eyewitnesses does not know the suspect. IF THE EYEWITNESS KNOWS THE SUSPECT, PRETRIAL IDENTIFICATION IS NOT NECESSARY. However, if the eyewitness does not know the suspect, sound methods of identification must be implemented. This information must be objective and reliable. Peace officers will ensure the eyewitness has no preconceived notions regarding the identity of the suspect and that the recollections have not been tainted as a result of a prior action, event, information, or statements by police, media, or any other source. Page 26

37 Leader Guide Interviewing Eyewitnesses Agency Policy Show Slide 27: Interviewing Eyewitnesses INTERVIEWING Peace officers should probe these five areas with the eyewitness: The opportunity of the eyewitness to view the suspect at the time of the crime. The eyewitness degree of attention during the crime. The accuracy of the eyewitness prior description to the police or others of the suspect before the observation and identification of the suspect. The level of certainty demonstrated by the eyewitness and any descriptions before and during the identification of any suspect. The length of time between the crime and identification process. PEACE OFFICERS WILL DOCUMENT THE INFORMATON AT THE TIME IT IS GIVEN BY THE EYEWITNESS. TRAINER NOTE Ask if there are any questions State of Georgia. GPSTC. All Rights Reserved Page 27 Rev. Date 8/25/2008

38 Agency Policy Interviewing Eyewitnesses Leader Guide Page 28

39 Leader Guide Preparation, Presentation, Preservation Agency Policy Show Slide 28: Preparation Presentation Preservation Whether Showup, Physical Lineup, or Photographic Lineup, the three principals of preparation, presentation, and preservation should be considered. Non-suggestive showups, physical lineups, and photographic lineups may enable the witness to provide a lead in a case in which no suspect has been determined and other reliable sources have been exhausted. TRAINER NOTE Ask if there are any questions State of Georgia. GPSTC. All Rights Reserved Page 29 Rev. Date 8/25/2008

40 Agency Policy Showups Leader Guide AShow Slide 29: Preparation & Presentation Showups The courts have thoroughly considered the dangers inherent in the practice of bringing single suspects to confront witnesses for the purpose of pre-trial identification, in particular, the danger of the substantial likelihood of irreparable misidentification. Such early identification is needed; To guide officers in determining whether or not to look further for the perpetrator. Because the accuracy and reliability of identification is likely to be greater at that time. To permit the speedy release of an innocent person who is in custody. Page 30

41 Leader Guide Showups Agency Policy Show Slide 30: Preparation Showups The investigator should use procedures that avoid unnecessary suggestiveness. Determine and document, prior to the showup, a description of the perpetrator. Consider transporting the witness to the location of the detained suspect to limit the legal impact of the suspect s detention. When multiple eyewitnesses are involved Separate eyewitnesses and request that they avoid discussing details of the incident with other witnesses. If a positive identification is obtained from one witness, consider using other identification procedures (e.g., lineup or photo array) for remaining witnesses State of Georgia. GPSTC. All Rights Reserved Page 31 Rev. Date 8/25/2008

42 Agency Policy Showups Leader Guide Show Slide 31: Presentation Showups Peace officers should give the eyewitness precautionary instructions. Caution the eyewitness that the person he/she is looking at may or may not be the perpetrator. The investigator should assure the witness that the investigation will continue regardless of whether an identification is obtained. These instructions to the witness can lessen the pressure on the witness to make an identification solely to please the investigator or because the witness feels it is his/her duty to do so. Keep in mind that it is just as important to clear innocent parties; a nonidentification can help to refocus the investigation. Page 32

43 Leader Guide Showups Agency Policy Show Slide 32: Preservation Showups It can be helpful to have some indication of how certain the witness is at the time of an identification (or nonidentification). It is not necessary for the witness to give a number to express his/her certainty. Some witnesses will spontaneously include information about certainty (e.g., That s him, I KNOW that s him, or, It could be him ). If the witness does not volunteer information about certainty, then the witness can be asked to state certainty in his/her own words. A question such as, How do you know this individual? will often lead the witness to express his/her certainty. If a statement of certainty is not obtained, then the investigator can follow up with the question, How certain are you? 2008 State of Georgia. GPSTC. All Rights Reserved Page 33 Rev. Date 8/25/2008

44 Agency Policy Showups Leader Guide Show Slide 33: Preservation Showups Showups should be documented at the very least in an investigative narrative articulating the specific facts, circumstances, statements, and conduct of the eyewitnesses and suspects. Document the time and location of the procedure. Document both identification and nonidentification results, including the witness s own words regarding how certain he/she is. A complete and accurate record of the outcome of the showup can be a critical document in the investigation and any subsequent court proceedings. TRAINER NOTE Ask if there are any questions. Page 34

45 Leader Guide Lineup Preparation Agency Policy Show Slide 34: Preparation Physical lineups Photographic lineups Physical lineups and photographic lineups should be conducted in a manner that promotes the reliability, fairness, and objectivity of the witness identification. Prior to physical lineups and photographic lineups, all eyewitnesses should be separated from each other. Eyewitnesses should be instructed that they should not confer with each other before, during, or after the identification procedure. Doing so may taint the process. The peace officer should compose the lineup in such a manner that the suspect does not unduly stand out. Lineups should not use other peace officers or individuals that the eyewitness may know. An identification obtained through lineups composed in this manner may have stronger evidentiary value State of Georgia. GPSTC. All Rights Reserved Page 35 Rev. Date 8/25/2008

46 Agency Policy Lineup Preparation Leader Guide Show Slide 35: PREPARATION Composing Lineups Legal considerations There are two situations in which lineups are conducted. Pre-adversarial status. Post-adversarial status. The sixth Amendment right to counsel attaches at the post-adversarial lineup. The post-adversarial lineup occurs after the suspect has been provided a first appearance hearing. The prosecutor should be consulted before any postadversarial lineup and invited to attend to insulate the police officer from issues brought forth by an attorney present. Defense attorneys should be given the opportunity to provide feedback. Page 36

47 Leader Guide Lineup Preparation Agency Policy Show Slide 36: PREPARATION Composing Lineups Include only one suspect in each identification procedure Only one member of a physical lineup or photographic lineup should be a suspect, and the remainder should be fillers; The problem with multiple suspect lineups is that the probability of a possible mistaken identification rises dramatically as the number of suspects in a lineup increases State of Georgia. GPSTC. All Rights Reserved Page 37 Rev. Date 8/25/2008

48 Agency Policy Lineup Preparation Leader Guide Show Slide 37: PREPARATION Composing Lineups Include at least five fillers At least five fillers should be included in a physical lineup and photographic lineup. Show Slide 38: PREPARATION Composing Lineups Select fillers who generally fit the witness s s description of the perpetrator. Page 38

49 Leader Guide Lineup Preparation Agency Policy The fillers selected should generally fit the witness s description of the perpetrator at the time of the crime, especially with respect to any unique or significant features. When there is a limited/inadequate description of the perpetrator provided by the witness, or when the description of the perpetrator differs significantly from the appearance of the suspect, fillers should resemble the suspect in significant features. Show Slide 39: PREPARATION Composing Lineups Complete uniformity of features in not required Complete uniformity of features is not required. Avoid using fillers that so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers. Lineup fillers must merely match the description of the perpetrator as given by the witness viewing the lineup, as long as the suspect does not unduly stand out State of Georgia. GPSTC. All Rights Reserved Page 39 Rev. Date 8/25/2008

50 Agency Policy Lineup Preparation Leader Guide Show Slide 40: PREPARATION Composing Lineups Place suspects in different positions in each lineup. Place 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. Show Slide 41: PREPARATION Composing Lineups When showing a new suspect, avoid reusing fillers in lineups shown to the same witness Page 40

51 Leader Guide Lineup Preparation Agency Policy When showing a new suspect, avoid reusing fillers in lineups shown to the same eyewitness. Using the same fillers with a new suspect can make the suspect stand out as the only one not appearing in a previous lineup. This could be considered a suggestive procedure. Also, the witness might recognize one of the fillers and misidentify the filler as the perpetrator. Show Slide 42: PREPARATION Composing Lineups Ensure that no writings are markings concerning previous arrest (s) will be visible to the witness Ensure that no writings or information concerning previous arrest (s) will be visible to the witness. Show Slide 43: 2008 State of Georgia. GPSTC. All Rights Reserved Page 41 Rev. Date 8/25/2008

52 Agency Policy Lineup Preparation Leader Guide PREPARATION Composing Lineups View lineup once completed to ensure that the suspect does not unduly stand out. These suggestions can help produce a lineup in which the suspect does not unduly stand out. An identification obtained through lineup composed in this manner may have stronger evidentiary value. Show Slide 44: PREPARATION Composing Lineups Preserve the presentation order Page 42

53 Leader Guide Lineup Preparation Agency Policy Preserve the presentation order. When using photographs, preserve them in their original condition State of Georgia. GPSTC. All Rights Reserved Page 43 Rev. Date 8/25/2008

54 Agency Policy Lineup Presentation Leader Guide Show Slide 45: Presentation Physical lineups Photographic lineups It is urged that the administrator of a physical lineup or photographic lineup should be a neutral independent administrator, and no person familiar with the identity of the suspect should be present during a physical lineup or photographic lineup. Page 44

55 Leader Guide Lineup Presentation Agency Policy Show Slide 46: Neutral Independent Administrator Some jurisdictions may want to consider using a Neutral Independent Administrator. In a typical neutral independent administrator identification procedure, the administrator who conducts the lineup does not know which person in the lineup is the suspect. Using this type of procedure, the case investigator simply has another administrator conduct the lineup who is not familiar with the case, not familiar with the identity of the lineup members, and does not know the lineup position of the suspect. Such a procedure helps ensure not only that the case investigator does not unintentionally influence the witness but also that there can be no arguments later that the witness s selection or statements at the lineup were influenced by the case investigator. Although an awareness on the part of the investigator that he/she should do nothing to influence the witness s choice or certainty can be sufficient to ensure that such influence does not occur, some jurisdictions might nevertheless prefer to use neutral independent administrator procedures State of Georgia. GPSTC. All Rights Reserved Page 45 Rev. Date 8/25/2008

56 Agency Policy Lineup Presentation Leader Guide Show Slide 47: Presentation Physical lineups Photographic lineups When it is not feasible to have a physical lineup or photographic lineup administered by a neutral independent administrator, an alternative method may be used, and the administrator should exercise extreme caution to avoid inadvertent signaling to the witness. Alternative methods may include, but are not limited to: Automated computer programs that can automatically administer the photographic lineup directly to a witness and prevent the administrator from seeing which photograph the witness is viewing until after the procedure is completed; or A procedure in which photographs are placed in folders, randomly numbered, shuffled, and then presented to a witness such that the administrator cannot see or track which photograph is being presented to the witness until after the photographic lineup is complete. Either simultaneous or sequential identification procedures may be used with the alternative methods. Page 46

57 Leader Guide Lineup Presentation Agency Policy Show Slide 48: Physical lineups PRESENTATION 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 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. Show Slide 49: Physical lineups PRESENTATION Advise the witness that he/she will be asked to view a group of individuals 2008 State of Georgia. GPSTC. All Rights Reserved Page 47 Rev. Date 8/25/2008

58 Agency Policy Lineup Presentation Leader Guide Advise the witness that he/she will be asked to view a group of individuals. Show Slide 50: Physical lineups PRESENTATION 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 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. Page 48

59 Leader Guide Lineup Presentation Agency Policy Show Slide 51: Physical lineups PRESENTATION Advise the witness that it is just as important to clear innocent persons from suspicion as to identify guilty parties Because the suspect in the case might not be the actual offender, the identification procedure can in fact help clear innocent persons from suspicion. This advice helps emphasize that failure to identify the suspect might be, in some cases, the appropriate outcome. Clearing an innocent suspect from suspicion can help refocus the investigation on developing other suspects State of Georgia. GPSTC. All Rights Reserved Page 49 Rev. Date 8/25/2008

60 Agency Policy Lineup Presentation Leader Guide Show Slide 52: Physical lineups PRESENTATION 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 Many physical characteristics are changeable. Hair, for instance, can be restyled, colored, cut, grown longer; facial hair can be grown out or cut. Witnesses need to keep in mind that the suspect s appearance on these changeable features might be different at the time of the lineup than it was at the time of the crime. Page 50

61 Leader Guide Lineup Presentation Agency Policy Show Slide 53: Physical lineups PRESENTATION Advise the witness that the perpetrator may or may not be among those shown in the physical lineup This seeks to prevent the misidentification of an innocent suspect. It is important to emphasize that the person who committed the crime may not be present. It does not weaken the investigation if the actual perpetrator is not in the lineup and the witness does not make a selection. In fact, it may benefit the investigation by strengthening the witness s credibility and helping to refocus the investigation State of Georgia. GPSTC. All Rights Reserved Page 51 Rev. Date 8/25/2008

62 Agency Policy Lineup Presentation Leader Guide Show Slide 54: Physical lineups PRESENTATION Advise the witness that regardless of whether an identification is made, law enforcement will continue to investigate the crime This lessens the pressure on the witness to make an identification and reassures the witness that the progress of the investigation does not hinge solely on his/her identification. Even if the witness does not make an identification, the investigation will continue. Page 52

63 Leader Guide Lineup Presentation Agency Policy Show Slide 55: Physical lineups PRESENTATION Confirm that the witness understands the lineup procedure Do you have any questions? Show Slide 56: Physical lineups PRESENTATION 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 2008 State of Georgia. GPSTC. All Rights Reserved Page 53 Rev. Date 8/25/2008

64 Agency Policy Lineup Presentation Leader Guide Remind the witness that discussing the results of the procedure could harm the investigation. Such discussion by the witness may influence any other witnesses identification decisions or their certainty. Witnesses can be advised at this time that the positioning of the lineup members might be changed for other witnesses and that it is important not to try to influence another witness. It is important that witnesses reach decisions independently, not only for investigative purposes but also for later proceedings. Show Slide 57: PRESENTATION ADVISORY STATEMENT Physical lineup Page 54

65 Leader Guide Lineup Presentation Agency Policy Generally, agencies read an advisory statement or admonition to ensure that all the requirements are covered during the presentation of a lineup. For example; 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? Show Slide 58: 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? 2008 State of Georgia. GPSTC. All Rights Reserved Page 55 Rev. Date 8/25/2008

66 Agency Policy Lineup Presentation Leader Guide HANDOUT: Advisory Statement Show Slide 59: Physical lineups PRESENTATION 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 If an identification is made, each witness should be asked to give feedback in his or her own words regarding his or her level of confidence at the time of the identification. It can be useful in assessing the likelihood of whether or not he identification is accurate. Later, the witness s certainty might be influenced by other factors. Avoid reporting to the witness any information regarding their selection prior to obtaining any witness s statement of certainty. It is not necessary for the witness to give a number to express his/her certainty. Some witnesses will spontaneously include information about certainty. A question such as, How do you know this individual? will often lead the witness to express his/her certainty. If a statement of certainty is not obtained, then the investigator can follow up with the question, How certain are you? Page 56

67 Leader Guide Lineup Presentation Agency Policy Show Slide 60: Simultaneous v Sequential A major difference in the simultaneous and sequential procedures is that the sequential procedure tends to prevent the witness from making relative judgments. Relative judgments can be problematic because they involve comparing one lineup member to another which could result in picking a person who most looks like the suspect. The sequential procedure leads witnesses to compare each lineup member with their memory of the suspect rather than comparing one lineup member with another lineup member. The potential for relative judgments can be reduced with a simultaneous procedure by using suggestions of composing, instructing witnesses on, and conducting simultaneous lineups described in this lesson State of Georgia. GPSTC. All Rights Reserved Page 57 Rev. Date 8/25/2008

68 Agency Policy Lineup Presentation Leader Guide Show Slide 61: Physical lineups PRESENTATION Simultaneous Prior to beginning a physical lineup identification procedure, the administrator should instruct all those present not to suggest in any way the position or identity of the suspect in the lineup. Avoid saying anything to the witness that may influence the witness s selection. Prior to beginning a physical lineup identification procedure, the administrator should instruct the witness that: A. He/she will be asked to view a group of individuals. B. 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. C. It is just as important to clear innocent persons from suspicion as it is to identify guilty parties. D. 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. E. The perpetrator may or may not be among those Page 58

69 Leader Guide Lineup Presentation Agency Policy shown in the physical lineup. F. When a neutral independent administrator is conducting the physical lineup, the administrator is not aware of whether the suspect is included in such physical lineup. G. Regardless of whether an identification is made, law enforcement will continue to investigate the crime. H. Confirm that the witness understands the nature of the lineup procedure. E.g. Do you have any questions Show Slide 62: Physical lineups PRESENTATION Simultaneous Presenting the Individuals 2008 State of Georgia. GPSTC. All Rights Reserved Page 59 Rev. Date 8/25/2008

70 Agency Policy Lineup Presentation Leader Guide PRESENT THE INDIVIDUALS Ensure that any identification actions such as speaking or moving are performed by all members of the lineup. If an identification is made, each witness should be asked to give feedback in his or her own words regarding his or her level of confidence at the time of the identification. It can be useful in assessing the likelihood of whether or not he identification is accurate. Later, the witness s certainty might be influenced by other factors. Avoid reporting to the witness any information regarding their selection prior to obtaining any witness s statement of certainty Show Slide 63: PRESENTATION Physical lineups Sequential Page 60

71 Leader Guide Lineup Presentation Agency Policy Prior to beginning a physical lineup identification procedure, the administrator should instruct all those present not to suggest in any way the position or identity of the suspect in the lineup. Begin with all lineup participants out of the view of he witness. Prior to beginning a physical lineup identification procedure, the administrator should instruct the witness that: A. He/she will be asked to view a group of individuals. 1. Individuals will be viewed one at a time. 2. The individuals will be presented in random order. 3. Take as much time as needed in making a decision about each individual before moving to the next one. 4. If the person who committed the crime is present, identify him/her. 5. All individuals will be shown, even if an identification is made. B. 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. C. It is just as important to clear innocent persons from suspicion as it is to identify guilty parties. D. 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. E. The perpetrator may or may not be among those shown in the physical lineup. F. When a neutral independent administrator is conducting the physical lineup, the administrator is not aware of whether the suspect is included in such physical lineup. G. Regardless of whether an identification is made, law enforcement will continue to investigate the crime. H. Confirm that the witness understands the nature 2008 State of Georgia. GPSTC. All Rights Reserved Page 61 Rev. Date 8/25/2008