Eyewitness Identification. Professor Nancy K. Steblay Augsburg College Minneapolis

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1 Eyewitness Identificatin Prfessr Nancy K. Steblay Augsburg Cllege Minneaplis The 2016 Criminal Justice Institute August 22 & 23, 2016

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3 The Science f Eyewitness Memry and Identificatin Evidence (Prfessr) Nancy K. Steblay, Ph.D. The eyewitness is sincere, cnfident, and has identified the plice suspect. What culd pssibly be wrng (r right) with this evidence? Learning bjectives: 1. Scientific principles abut eyewitness memry reliability 2. Recmmended plice prcedures t prevent eyewitness errr 3. Jurr memry myths and misunderstandings abut eyewitness memry 4. Recent relevant cases, legislatin, plicy statements Resurces State f New Jersey v. Hendersn (2011) Oregn v. Lawsn (2012) IACP Mdel Plicy C5110CD1/0/InternatinalAsscfChiefsfPlice.pdf Minneaplis Plice Department Plicy 1

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5 Minneaplis Plice Department Plicy IDENTITY CONFRONTATIONS - LINEUPS (A-B) The prper prcedure fr an investigatr wh wishes t cnduct a lineup is as fllws: 1. Ntify the Hennepin Cunty Adult Detentin Center s that the Detentin Center has time t arrange fr suitable participants. Nte: it will usually take them ne cmplete day t prepare fr the lineup. (04/01/93) 2. When the Detentin Center gives a date and time fr the lineup, ntify the Identificatin Divisin s that they can prepare t take phtgraphs. (04/01/93) 3. Ntify the suspect, as sn as the date and time fr the lineup is set, f the lineup and his/her right t have an attrney present during the lineup. Make sure the suspect understands this right. (04/01/93) 4. Ntify the suspect's attrney f the lineup. If the suspect des nt have an attrney, ntify the Public Defender's Office f the lineup. Make the ntificatins immediately after the Detentin Center gives a date and time fr the lineup. (04/01/93) 5. If ntificatins have been prperly made t the suspect's attrney and the attrney fails t shw within a reasnable amunt f time (ne-half hur after the specified time), the lineup shuld prceed. (04/01/93) 6. Persns appearing in the lineup shall be required t be identified by numbers starting with the far left being number ne and ging in numerical rder t the right. The suspect r his/her attrney may request the psitin they want. 7. Every reasnable effrt must be made t allw a fair cmparisn including the use f Department emplyees and ther vlunteers fr the lineup. 8. Line-Up Identificatin Sheets (MPD 2005) and Line-Up Identity Cnfrntatin Sheets (MPD 2020) shall be used and cmpleted at each lineup. Cnducting a lineup is entirely a plice activity. While attrneys may appear and bserve, they have n right t interfere r disrupt the prceedings. If a suspect has been released befre a lineup can be held, he/she may vluntarily return fr ne r a curt rder may be btained thrugh the Cunty Attrney's Office requiring submissin t a lineup PHOTOGRAPHS DYNAMIC IMAGING (12/15/95) (09/06/07) Dynamic Imaging sftware is used by MPD t phtgraph emplyees, arrested juveniles and sex ffenders; as well as t create pht line-ups, bulletins, PC pick-ups, and inf sheets. Emplyees, arrested juveniles, and sex ffenders may be phtgraphed in the Crime Lab; nly arrested juveniles shall be phtgraphed in the Juvenile Unit during regular perating hurs. 2

6 Case investigatrs have the ability t access these phts via the HenRAP pht database in rder t generate pht line-ups, bulletins, PC pick-ups and inf sheets. Requests fr assistance generating these dcuments may be made t the Crime Lab in cases which technical r unique circumstances arise. The Criminal Histry/Recrds Unit prvides Minneaplis bking phts t the public fr a fee. Investigatrs must call t ntify the Criminal Histry/Recrds Unit if a phtgraph is nt t be released t the public, and shall fllw-up with a ntificatin nce the hld is lifted. Bking phts are available t case investigatrs upn request SEQUENTIAL IDENTIFICATION PHOTOGRAPHIC LINEUPS (10/14/05) (A-B) A. Create a Lineup 1. Use the existing Minneaplis Repsitry Arrest Phts (M-RAP) r the Hennepin Repsitry Arrest Phts (Henn-RAP) parameters. These defaults include age, skin tne, cmplexin, hairstyle, facial hair, build, glasses, eye clr, backdrp, and clr r black and white phts. If there is n bking pht fr the suspect in M-RAP/H-RAP, use pictures frm Driver s License, I.D. Cards, r bking phtgraphs frm ther agencies. If a nn-standard pht-lineup is created, make sure all phts are f similar characteristics. 2. Jail markings, bking infrmatin, r ther identificatin markings shuld be remved r cvered. 3. Use six phts. 4. Create phts that can be viewed individually: Print single phts; Number each pht in rder at the bttm f pht; Cut up a six-pht printut int individual phts; Dwnlad the electrnic pht files int a single pht slideshw n PwerPint (r similar prgram). 5. Preserve a cpy f the phts in the rder in which they were displayed. Nte: Officers must avid using the term "mugsht" when referring t phts. B. Cnduct the Lineup 1. Interview witnesses in private, apart frm ther witnesses. 2. Ask the witnesses nt t discuss their identificatin r lack f identificatin with ther witnesses (especially befre the witness gives a statement cncerning the identificatin). 3. Make sure the witness understands the suspect "may r may nt" be in the lineup. A standardized advisry shall be given t the witness prir t viewing. Cmplete the "Sequential Line-up Pht Identificatin Reprt" (frm MP-9017) and rally give the fllwing advisry: Yu will be viewing a series f phtgraphs. The persn in this case may 3

7 r may nt be present in these phtgraphs. Take as much time as yu need, but nly lk at ne phtgraph at a time. Please remember that the phtgraph may nt be current clthing, facial hair, length f hair, etc., may have changed. Each phtgraph is assigned a number that appears n the bttm f the pht. If yu are able t identify the persn, indicate t me using the number assigned t that phtgraph. 4. If the witness is lking at phts in a way that the fficer can see the phts as well, use an fficer wh des nt knw wh the suspect is t shw the phts. The witnesses shuld be tld the secnd fficer desn't knw if a suspect is in the phts; The investigating fficer shuld remain ut f view during the viewing. That fficer shuld be available fr questins during the viewing. 5. If the phts are shwn in a way that the fficer cannt see the phts, the investigating fficer may administer the viewing. The witness shuld be tld the fficer des nt knw the rder in which the phts are shwn. 6. The phts shuld be displayed ne at a time with all ther phts ut f sight. 7. The witness may lk at the phts mre than nce, but they shuld be shwn in the same rder. The number f times the phts are shwn shuld be recrded in the fficer's reprt n the lineup frm. Ordinarily, the witness shuld nt be allwed t lk at the set f phts mre than three times. 8. The witness shuld nt be tld, hwever, that there is a limit t the number f times the phts will be shwn. 9. The witness may take as lng as needed t view each pht. 10. Even if a witness identifies a particular pht befre lking at the whle set, the witness shuld view all f the phts. 11. During the display, the fficer shuld d nthing t encurage r discurage the witness t fcus n a particular pht. C. Cmplete the "Sequential Line-up Pht Identificatin Reprt" and a supplement. The supplement f the administrating fficer and the assigned investigatr shuld include the fllwing: The number f times the phts were viewed; Hw quickly a pht was identified; The level f certainty expressed by the witness; Any cnditins r qualifiers nted by the witness; Any ther cmments made by the witness (r ther bservatins by the fficer); Cnfirmatin that the selectin was made vluntarily withut influence r cercin. 4

8 D. Exceptins Sequential identificatin shuld be used in every case unless an fficer can dcument an applicable exceptin. If an exceptin applies, the fficer's reprt shuld nte the reasn in a reprt. Exceptins include: 1. Children under 12 years f age. 2. Administrative necessity A. N fficer is available wh des nt knw the suspect s identity. B. Multiple witnesses utnumber the number f fficers with n knwledge f the suspect s identity. 3. Uncperative witness: The witness is likely t fail t cperate if suddenly expsed t a new fficer (because f fear, membership in the criminal cmmunity, r ther reasn). 4. Victim vulnerability: The victim is infirm because f age r mental cnditin. 5

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