1. The Law Governing Identification Evidence
Chapter 13
The Law Governing Identification Evidence

2. Evidence needed to convict of a crime
To convict a person of a crime, the government must prove:
That the crime charged did occur (proof of corpus delicti )
That the defendant committed or was a party to the crime charged

3. Evidence needed to convict of a crime cont..
Identification of the defendant as the person who committed or was a party to the crime must be made in all criminal cases.
This can be done by direct or circumstantial evidence, or a combination of both direct and circumstantial evidence.

4. The importance of obtaining prior descriptions of offenders
It is important that investigating officers have the witnesses give them as detailed a description of the offender as is possible as soon after the crime is reported.
The officer should assist the victim and the witness in searching their memories for details of physical appearances and clothing, no matter how insignificant such details may seem.

5. How do descriptions of the suspect help officers?
They can give the police reasonable suspicion to perform “Stops” in the neighborhood and elsewhere
The descriptions may be compared to descriptions given by witnesses and victims.

6. How do descriptions of the suspect help officers? cont….
Detailed descriptions matching the defendants can significantly increase the reliability of identifications made later by victims and witnesses.
Testimony by the investigating officers (and victims/witnesses) in court concerning prior descriptions provides important evidence for the juries and judges.

7. Showups vs. Lineups
Showups are more informal, and are conducted “on the spot” to allow a witness or victim to view/observe a potential suspect. The time frame is a reasonable time just after the crime occurred. No attorney rights are afforded at this point, and no formal charges have been made
Lineups are more formal, and usually occur after charges have been filed and occur in a police station instead of “in the field.” Suspects DO have the right to an attorney at this point.

8. Using Showups to obtain identification evidence
Showup (Field Showups)
differs from a lineup in that a showup law enforcement officers permit witnesses or the victim of a crime to view a suspect in police custody singly instead of as part of a group.
They are suggestive and should not be used by law enforcement unless they are necessary under the circumstances.

9. Using lineups to obtain identification evidence
Judges Rules for Lineups:
Should be used whenever practical and must be used in situations where showups would not be authorized.
Lineups not only minimize suggestive but also increase the reliability of the identification evidence
They are used to test recognition in the a manner that avoids suggestiveness.

10. Key Cases
U.S. v Wade 388 U.S. 218
Essentially right to attorney after formal charges have been filed, and includes “lineups.”
Gilbert v. Calif. 388 U.S. 263
Reaffirmed right to counsel being present at the lineup. Also set guidelines for Lineups to be followed by the police

11. Photo “Lineups”
Suspect is not “present,” only their photograph is viewed
The court has said the police must use at least 8 “suspects” to compare from
Witnesses must view the photo’s independently of any other witnesses
The photographic array must be maintained for court purposes
Photographs must not be “suggestive” to identify the suspect.

12. Obtaining identification evidence by other means
Sketches can be done by an artist or with identi-kit with the assistance of one witness or the input of a number of witnesses.
Surveillance cameras and camcorders
Unusual features
Clothing
Voice Identification
Spectrograms / “Voice Printing”