In addition: a. The police can generally dictate what participants wear and say during a lineup. 3. Failure to comply with any of the requirements of this section shall be considered by the court in adjudicating motions to suppress eyewitness identification. The disadvantage of mistaken identification is the flip side. The police do not have to worry about the suspect's behaviour potentially invalidating the lineup. The police can dress Ann in large sunglasses and have her carry a big shopping bag if the items match Wilma’s description, as long as all of the lineup participants are displayed to Wilma in the same way. b. “Live lineup” means a procedure in which a group of people is displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime. (5) Lineup administrator. The police can typically force someone who has been arrested to participate in a lineup. To avoid having a defense lawyer present, an officer may try to convince a suspect to participate in a lineup voluntarily before the filing of charges. The advantage of participating in a lineup is that eyewitnesses’ failure to make a positive identification may cause the police to focus their investigation elsewhere. (Kirby v. Illinois, 406 U.S. 682 (1972).) Judges don’t consider this a violation of the Fifth Amendment privilege against self-incrimination because, in a lineup, suspects don’t provide “testimony.” (United States v. Wade, 388 U.S. 218 (1967).). 4. Copyright ©2021 MH Sub I, LLC dba Nolo ® Self-help services may not be permitted in all states. PURPOSE . Eyewitnesses must “pass” on one possible suspect before seeing another one. (725 ILCS 5/107A-2) Sec. 6. Mistaken police lineup identifications distract law enforcement agencies from apprehending perpetrators. Live lineups are associated with lower choosing rates, which may result from a more strict decision criterion. In a photo lineup, the photograph of the suspected perpetrator shall be contemporary and shall resemble his or her appearance at the time of the offense. “Photo lineup” means a procedure in which an array of photographs is displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime. If witnesses and triers of fact believe that making an accurate identification is more likely from a live lineup relative to alternative options, they may have higher expectations for both themselves and others making such identifications. Which of the following is an accurate statement about the primacy effect? Unless it is not practical, a video record of the identification procedure shall be made. (See The Psychology of Eyewitness Identification.). In some states, the information on this website may be considered a lawyer referral service. The police may ask such suspects for voluntary participation, arguing that “this is our chance to clear you.” But even those who are confident of their innocence should think carefully—and talk to a lawyer—before agreeing to participate in a lineup voluntarily. Later, when asked to identify the suspect in a live lineup, Thompson chose Cotton again, stating, “This looks the most like him.” The physical evidence only weakly linked Cotton to the crime (including a boot print and a flashlight that appeared similar to one found at the scene). When an eyewitness makes an identification, investigators sometimes ask for a “confidence statement.” A live lineup is similar to the photo array, except that it uses the actual physical suspect and actual physical fillers. This Act shall be called the “Eyewitness Identification Reform Act.”. 10. The purpose of this policy is to provide procedures for obtaining objective results when preparing and conducting lineups and showups. Erroneous eyewitness identifications are the leading cause of wrongful convictions. d. If the eyewitness has previously viewed a photo lineup or live lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup in which the suspected perpetrator participates shall be different from the fillers used in any prior lineups. A police lineup (in American English) or identity parade (in British English) is a process by which a crime victim or witness's putative identification of a suspect is confirmed to a level that can count as evidence at trial.. When evidence of noncompliance with the requirements of this section has been presented at trial, the jury shall be instructed that it may consider credible evidence of noncompliance to determine the reliability of eyewitness identifications. Photo lineups. 13. 107A-2. 2. Sequential lineups may reduce the risk that an uncertain eyewitness will simply pick out the person in a group who most closely resembles the actual culprit. 2. (A) FINDINGS—The [legislature/council/commission] finds that: 1. A suspect need not be informed that he/she is being placed in a photo array, whereas with a live lineup he/she must be so informed. Always enforce your right to counsel when facing a lineup request—or any other entreaty—from police. (4) Lineup. Do Not Sell My Personal Information. In a live lineup, all lineup participants must be out of view of the eyewitness prior to the lineup. Laws in many states give suspects the right to demand a lineup. The defense lawyer may also bring an investigator, a paralegal, a law clerk, or another observer to act as a witness in a later court hearing in case the lineup procedures are unfair to the defendant. “Lineup administrator” means the person who conducts a lineup. This Act shall take effect on July 1, 20XX. (9) If a live lineup, all lineup participants must be out of view of the eyewitness prior to the lineup. If the eyewitness has previously viewed a photo or live lineup in connection with the identification of another person suspected of involvement in the offense, the fillers in the lineup should be different from the fillers used in prior lineups. Generally, live lineups don’t seem to be more likely to produce accurate identifications than showups and photo identifications. 1 Only a small percentage of the police-investigated crimes involve the use of police-arranged identification procedures. This statement shall also include information regarding the conditions 7. 9. 5. With sequential lineups, eyewitnesses view individuals one at a time instead of in groups of five or six. Start here to find criminal defense lawyers near you. 1. However, being released from jail may reduce a suspect’s chance of having to participate in a lineup because of the logistics of arranging it. Even a plaintive “Tell them I’m innocent” may lead to additional scrutiny from the witness and officers. f. The sources of all photographs or persons used. All identification and non-identification results obtained during the identification procedure, signed by the eyewitness, including the eyewitness’s confidence statement. 11. (10) The lineup administrator shall obtain and document any and all statements made by the eyewitness during the lineup as to the perpetrator’s identity. and Live Lineup Identification Procedures, which incorporate more than 20 years of scientific research on memory and interview techniques, will improve the eyewitness identification process in New Jersey to ensure that the criminal justice system will fairly and effectively elicit accurate and Another common way to conduct a police lineup is to present the eyewitness with a series of pictures. In large cities, public defender offices may have an attorney available to attend a lineup 24/7. scar, tattoo, etc.). Can I change defense lawyers after I've hired one? "Live lineup" means an identification procedure in which a group of persons, including the suspect and other persons not suspected of the offense, is displayed to an eyewitness for the purpose of determining whether the eyewitness identifies the suspect as the possible perpetrator. In some cases, … Lineup procedure. h. In a live lineup, a photo or other visual recording of the lineup that includes all persons who participated in the lineup. While Victim No. The people who appear in a live lineup alongside the suspect are known as “fillers.” Ideally, there are at least five (5) fillers in addition to the suspect. Unless they have a court order, the police cannot compel suspects who have not been arrested to participate in a lineup. Avoid reusing filler photos/ live lineup members. (B) PURPOSE—This law is enacted by the legislature to help convict the guilty and exonerate the innocent in criminal proceedings by improving procedures for eyewitness identification of suspects. 5. Even if contact is possible, suspects definitely shouldn’t try to talk to or otherwise interact with witnesses. (2)AA"Law enforcement agency" means an agency of the state, or of a county, municipality, or other political subdivision ... live lineup identification procedure to an illiterate person or a The names of all persons present at the lineup. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. defendant made a statement against the defendant’s interest while ... electronic recording is unavailable, that is authentic, accurate, and unaltered. A live lineup is most likely to be used when the suspect is already in custody. This statement shall also include information regarding the conditions Moreover, the prosecution can use Ann’s refusal as further evidence of her guilt at trial. 5. g. In a photo lineup, the photographs themselves. 4. Not later than January 1, 2020, a criminal justice entity conducting eyewitness identification procedures shall adopt and comply with written policies for using an eyewitness to make a decision about whether a suspect is the perpetrator of a crime upon viewing the suspect in person in a live lineup or showup or upon viewing a representation of the suspect in a photo lineup. At least five fillers shall be included in a photo lineup, in addition to the suspected perpetrator. Your attorney can advise you of the nuances of the law, including how they apply to the facts of your case. Nothing shall be said to the eyewitness regarding the suspected perpetrator’s position in the lineup or regarding anything that might influence the eyewitness’s identification. - A photo lineup or live lineup. For purposes of this section, "good cause" "Live lineup" means a procedure in which a group of persons is displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime, but does not include a showup. “Eyewitness” means a person whose identification of another person may be relevant in a criminal proceeding. A confidence statement is a witness’s statement about his or her selection and the confidence with which it is made. But suspects should think carefully—and, again, talk to an attorney—before doing so. 4. Some witnesses can be reserved for alternative identification procedures, such as a live lineup or a different photo lineup. 10. Example: Ann Ekdote is arrested for burglarizing a home. By Paul Bergman, UCLA Law School Professor. 2 Eyewitness Identification Procedures. The investigator presenting the sequential live lineup shall: (1) provide the following additional viewing instructions to … c. At least four fillers shall be included in a live lineup, in addition to the suspected perpetrator. (J) In addition to the requirements of subsection (F), a sequential live lineup must be presented in a manner conducive to obtaining accurate identification or nonidentification decisions. All fillers selected shall resemble the eyewitness’s description of the perpetrator in significant features (i.e. (6) Live lineup. "Photo lineup" means a procedure in which photographs Whether video, audio, or in writing, the record shall include the following information: a. d. The words used by the eyewitness in any identification, including words that describe the eyewitness’s certainty of identification. This bill would, commencing January 1, 2020, require all law enforcement agencies and prosecutorial entities to adopt regulations for conducting photo lineups and live lineups with eyewitnesses, as those terms would be defined by the bill, to ensure reliable and accurate suspect identifications. (D) TRAINING OF LAW ENFORCEMENT OFFICERS—The Secretary of [Public Safety] shall create educational materials and conduct training programs to instruct law enforcement officers and recruits how to conduct lineups in compliance with this section. One way to perform a police lineup is to have the eyewitness identify a suspect during a live lineup. The suspected perpetrator shall be the only suspected perpetrator included in the lineup. “Lineup” means a photo lineup or live lineup. A defense attorney may be present as well, because a suspect who has been formally charged with a crime has a right to be represented by a lawyer at a lineup. Summary: The Eyewitness Identification Reform Act improves the reliability of eyewitness identification by requiring police to adopt a series of lineup reforms. “Lineup” means a photo lineup or live lineup. 3. Should I just plead guilty and avoid a trial? If there are multiple eyewitnesses, the suspect shall be placed in a different position in the lineup or photo array for each eyewitness. One-way mirrors or bright lights typically make it impossible for suspects to see witnesses. 3. (a) All lineups shall be conducted using one of the following methods: (1) An independent administrator, unless it is not Before a lineup, the eyewitness shall be instructed that the perpetrator might or might not be presented in the lineup, that the lineup administrator does not know the suspect’s identity, that the eyewitness should not feel compelled to make an identification, that it is as important to exclude innocent persons as it is to identify the perpetrator; and that the investigation will continue whether or not an identification is made. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. 3 identified Wyatt in the photo lineup, she had failed to do so in a live lineup (which wasn’t recorded). Many innocent people are accused or convicted of serious crimes because of mistaken eyewitness identification. In a live lineup, any identifying actions, such as speech, gestures or other movements, shall be performed by all lineup participants. (The defendant might also accidentally provide fodder for the prosecution in the course of the events surrounding the lineup—for example, by making a comment that turns out to be incriminating.). If the eyewitness identifies a person as the perpetrator, the eyewitness shall not be provided any information concerning such person before the lineup administrator obtains the eyewitness’s confidence statement about the selection. c. The date, time and location of the lineup. For example, your original identification procedure may be found to be inadmissible in court, whereas an alternative procedure (e.g., a … These procedures reduce the risk that an investigator will provide subconscious hints as to a suspect’s identity. Ensure accurate and complete documentation is completed in officers APD-7 and supplemental reports. After all, witnesses make mistakes. Wilma, the next-door neighbor, tells the police that the burglar was a woman who wore large sunglasses, carried a big shopping bag, and yelled “It’s all mine!” while running out of the house. 1415 Elliot Place NW, Washington DC 20007, Protection Against Guns in State Buildings Act, No-Knock Search Warrant Prohibition Act (Breonna’s Law), Prohibition on Multiburst Trigger Activators Act. 13 (6) In a live lineup, all lineup participants must be out 14 of view of the eyewitness prior to the identification 15 procedure; 16 (7) In a photo lineup or live lineup, nothing shall be 17 said to the eyewitness regarding the suspect’s 18 position in the lineup; and 19 (8) In a … The police arrest Ann and ask Wilma to view her in a lineup. A. The lineup shall be composed so that the fillers generally resemble the eyewitness’s description of the suspected perpetrator, while ensuring that the suspect does not unduly stand out from the fillers. After section XXX, the following new section XXX shall be inserted: 1. 8. Police officers and often a prosecutor attend lineups. 6. You should consult a knowledgeable lawyer before making any critical decisions in a criminal case. The level of confidence of the witness’ in terms of the witness’ statement, conduct or other relevant observations should also be assessed and documented. The Psychology of Eyewitness Identification. If a video record is not practical, the reasons shall be documented and an audio record shall be made. “Live lineup” means a procedure in which a group of people is displayed to an eyewitness for the purpose of determining if the eyewitness is able to identify the perpetrator of a crime. (c) On and after the effective date of this amendatory Act of the 98th General Assembly, there is no preference as to whether a law enforcement agency conducts a live lineup or a photo lineup and to the extent that the common law directs otherwise, this direction is abrogated. 6. b. e. Whether it was a photo lineup or live lineup and how many photos or individuals were presented in the lineup.