Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA 31029.

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Presentation transcript:

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification Georgia Public Safety Training Center 1000 Indian Springs Drive Forsyth, GA 31029

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification House Resolution 1071, urging all Law enforcement agencies to adopt the best practices of eye witness Identification by departmental policy

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification A ResolutionA Resolution

Georgia Public Safety Training Center 5/6/2015 TERMS PEACE OFFICERPEACE OFFICER

Georgia Public Safety Training Center 5/6/2015 TERMS IN-SERVICEIN-SERVICE

Georgia Public Safety Training Center 5/6/2015 TERMS SUSPECTSUSPECT

Georgia Public Safety Training Center 5/6/2015 TERMS ADMINISTRATORADMINISTRATOR

Georgia Public Safety Training Center 5/6/2015 TERMS NEUTRAL INDEPENDENT ADMINISTRATORNEUTRAL INDEPENDENT ADMINISTRATOR

Georgia Public Safety Training Center 5/6/2015 TERMS SIMULTANEOUS IDENTIFICATIONSIMULTANEOUS IDENTIFICATION

Georgia Public Safety Training Center 5/6/2015 TERMS SEQUENTIAL IDENTIFICATIONSEQUENTIAL IDENTIFICATION

Georgia Public Safety Training Center 5/6/2015 TERMS SHOWUPSHOWUP

Georgia Public Safety Training Center 5/6/2015 TERMS PHYSICAL LINEUPPHYSICAL LINEUP

Georgia Public Safety Training Center 5/6/2015 TERMS PHOTOGRAPHIC LINEUPPHOTOGRAPHIC LINEUP

Georgia Public Safety Training Center 5/6/2015 TERMS FILLERFILLER

Georgia Public Safety Training Center 5/6/2015 Georgia Peace Officers OCGA Title OCGA Title Basic course of instruction

Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Chapter 6, Pre-Trial IdentificationChapter 6, Pre-Trial Identification

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification The United States Supreme Courts says:

Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial IdentificationPre-Trial Identification Chapter 6-4 Lineups (Physical Lineup)Chapter 6-4 Lineups (Physical Lineup)

Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial IdentificationPre-Trial Identification Chapter 6-4 Lineups (Physical Lineup)Chapter 6-4 Lineups (Physical Lineup)

Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial IdentificationPre-Trial Identification Chapter 6-5 ShowupsChapter 6-5 Showups

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification The United States Supreme Courts says:

Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial IdentificationPre-Trial Identification Chapter 6-6 Picture Identification (Photographic Lineup)Chapter 6-6 Picture Identification (Photographic Lineup)

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification The United States Supreme Courts says:

Georgia Public Safety Training Center 5/6/2015 Georgia Law Enforcement Handbook Criminal Law & Procedure Pre-Trial IdentificationPre-Trial Identification Chapter 6-7 Presence of counselChapter 6-7 Presence of counsel

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification The United States Supreme Courts says:

Georgia Public Safety Training Center 5/6/2015 Interviewing Eyewitnesses INTERVIEWINGINTERVIEWING

Georgia Public Safety Training Center 5/6/2015 Interviewing Eyewitnesses INTERVIEWINGINTERVIEWING

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreparationPreparation PresentationPresentation PreservationPreservation

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification Preparation & PresentationPreparation & Presentation –Showups

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreparationPreparation –Showups

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PresentationPresentation –Showups

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreservationPreservation –Showups

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreservationPreservation –Showups

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreparationPreparation –Physical lineups –Photographic lineups

Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Legal considerations

Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Include only one suspect in each identification procedure

Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups Include at least five fillersInclude at least five fillers

Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Select fillers who generally fit the witness’s description of the perpetrator.

Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Complete uniformity of features in not required

Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Place suspects in different positions in each lineup.

Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –When showing a new suspect, avoid reusing fillers in lineups shown to the same witness

Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Ensure that no writings are markings concerning previous arrest (s) will be visible to the witness

Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –View lineup once completed to ensure that the suspect does not unduly stand out.

Georgia Public Safety Training Center 5/6/2015 PREPARATION Composing LineupsComposing Lineups –Preserve the presentation order

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PresentationPresentation –Physical lineups –Photographic lineups

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification Neutral Independent Administrator

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PresentationPresentation –Physical lineups –Photographic lineups

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical 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 lineupPrior 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

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Advise the witness that he/she will be asked to view a group of individuals

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical 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

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Advise the witness that it is just as important to clear innocent persons from suspicion as to identify guilty parties

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical 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

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Advise the witness that the perpetrator may or may not be among those shown in the physical lineup

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Advise the witness that regardless of whether an identification is made, law enforcement will continue to investigate the crime

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups –Confirm that the witness understands the lineup procedure

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical 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

Georgia Public Safety Training Center 5/6/2015 PRESENTATION ADVISORY STATEMENTADVISORY STATEMENT –Physical lineup

Georgia Public Safety Training Center 5/6/2015 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?”

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical 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

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification Simultaneous v Sequential

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups SimultaneousSimultaneous

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups SimultaneousSimultaneous Presenting the IndividualsPresenting the Individuals

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups SequentialSequential

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Physical lineupsPhysical lineups SequentialSequential Presenting the IndividualsPresenting the Individuals

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Advise the witness that he/she will be asked to view a group of photographs

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph 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

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Advise the witness that it is just as important to clear innocent persons from suspicion as to identify guilty parties

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph 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

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Advise the witness that the perpetrator may or may not be among those shown in the photograph lineup

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Advise the witness that regardless of whether an identification is made, law enforcement will continue to investigate the crime

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph lineups –Confirm that the witness understands the lineup procedure

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph 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

Georgia Public Safety Training Center 5/6/2015 PRESENTATION ADVISORY STATEMENTADVISORY STATEMENT –Photograph lineup

Georgia Public Safety Training Center 5/6/2015 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?”

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photograph lineupsPhotograph 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

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photographic lineupsPhotographic lineups SimultaneousSimultaneous

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photographic lineupsPhotographic lineups SequentialSequential

Georgia Public Safety Training Center 5/6/2015 PRESENTATION Photographic lineupsPhotographic lineups SequentialSequential Presenting the photographsPresenting the photographs

Georgia Public Safety Training Center 5/6/2015 Eyewitness Identification PreservationPreservation –Showups –Physical lineups –Photographic lineups

Georgia Public Safety Training Center 5/6/2015 PRESERVATION Documenting Identification ResultsDocumenting Identification Results Document both identification and non- identification results including the witness’s own words regarding how sure he/she is.Document both identification and non- identification results including the witness’s own words regarding how sure he/she is.

Georgia Public Safety Training Center 5/6/2015 PRESERVATION Documenting Identification ResultsDocumenting Identification Results Ensure results are signed and dated by the witnessEnsure results are signed and dated by the witness

Georgia Public Safety Training Center 5/6/2015 PRESERVATION Documenting Identification ResultsDocumenting Identification Results Ensure that no materials indicating previous identification results are visible to the witnessEnsure that no materials indicating previous identification results are visible to the witness

Georgia Public Safety Training Center 5/6/2015 PRESERVATION Documenting Identification ResultsDocumenting Identification Results Ensure that the witness does not write on or mark materials that will be used in other identification proceduresEnsure that the witness does not write on or mark materials that will be used in other identification procedures

Georgia Public Safety Training Center 5/6/2015 PRESERVATION LINEUPSLINEUPS Document any identification results and witness’s statement of certaintyDocument any identification results and witness’s statement of certainty

Georgia Public Safety Training Center 5/6/2015 PRESERVATION LINEUPSLINEUPS Document the lineupDocument the lineup –Identification of lineup participants and sources used –Names of all persons present –Date and time the procedure was conducted

Georgia Public Safety Training Center 5/6/2015 PRESERVATION PHYSICAL LINEUPSPHYSICAL LINEUPS Documenting the participantsDocumenting the participants

Georgia Public Safety Training Center 5/6/2015 PRESERVATION Participant Forms Physical Lineup Photographic Lineup

Georgia Public Safety Training Center 5/6/2015 PRESERVATION LINEUPSLINEUPS Document the lineup by photo or video whenever possibleDocument the lineup by photo or video whenever possible

Georgia Public Safety Training Center 5/6/2015 PRESERVATION LINEUPSLINEUPS Advise the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the mediaAdvise the witness not to discuss the identification procedure or its results with other witnesses involved in the case and discourage contact with the media

Georgia Public Safety Training Center 5/6/2015 PRESERVATION Physical Lineup ID Photographic Lineup ID

Georgia Public Safety Training Center 5/6/2015 PRESERVATION FOLLOW UPFOLLOW UP

Georgia Public Safety Training Center 5/6/2015 AGENCY POLICY GACP Model Policy

Georgia Public Safety Training Center 5/6/2015 IDENTIFICATION DISPLAY FOLDER Identification Display Folder