October 2009

Almost all due to mistaken eyewitness ID when police had wrong suspect

Simultaneous display of photos (usually 6)

Lineup created and presented by investigator with knowledge of case◦ Knows who suspect is◦ Often has developed rapport with W

What if the person police suspect is not the perpetrator? What if police are wrong? Then police belief they have right person can taint

ID.

Compared simultaneous to sequential photo lineups

In perpetrator-absent lineups (like DNA exoneration cases), mistaken eyewitness IDs drop sharply if photos displayed sequentially

Some reduction in correct IDs when photos displayed sequentially

Slight risk of failure to ID when perpetrator present outweighed by significant risk of mis-ID if perpetrator is absent

“Blind”- administrator of test does not know who the suspect is; W knows administrator doesn’t know

“Blinded” - administrator knows who suspect is but test is administered in such a manner that administrator cannot see which photo W is viewing and does not know order; W knows administrator does not know order

“Nonblind” – administrator knows who suspect is and can see which photo W is viewing; W knows administrator knows who suspect is

W wants to help & will look to investigator for cues or validation (especially if good rapport)

Even most experienced professional who knows ID of suspect cannot eliminate all possibility of unintentional cues

This is not a question of doubting officer integrity but human nature—a cue could be as simple as body language or eyes lighting up

Simultaneous display encourages “relative judgment”

Picking the person who looks most like the perpetrator (regardless of whether it is the

perpetrator)

Picking the person who looks most like the perpetrator is 100% wrong if perpetrator is not in

lineup (i.e., if police suspect the wrong person)

Blind administration eliminates this as an issue

Sequential photo display

Blind or blinded administration

Someone other than an investigator who knows the identity of the suspect shows the lineup

If only investigator who knows ID of suspect is available to do lineup, he must do so in a manner that ensures he does not know and

cannot see where suspect is—and witness must know he does not know order

Folder method (number photos; place each in separate folder with same number)◦ If blind administrator, investigator may prepare

folders◦ If blinded procedure used, someone other than

investigator who shows lineup must prepare folders

6-in-a-box method Laptop Future: Lineup software linked to M-RAP and

police records

Show only one photo at a time; remove from view before next photo is shown

After W has looked at each photo, ask “Is this the person who [state act committed]?”

If no, go to next photo and repeat If yes, ask “How certain are you of your

selection?” Continue showing rest of photos Note all comments made about any photo If W asks for repeat, show all photos (in

same order) Keep track of number of cycles

No criminal charge should be based on ID requiring more than 2 cycles

Person who committed crime may or may not be included I do not know if any person being investigated is included

(blind) or I do not know the order of photos (blinded) I will continue to show you all photos even if you ID someone A photo may be an old one; some things like hair style can

change; skin tones may look different in photos Do not feel you have to make an ID; it is just as important to

clear innocent as ID guilty; investigation will continue regardless

You will see only 1 photo at a time; they are in no particular order; take as much time as you need

Do not discuss procedure with any other W

Ask “How certain are you of your selection?” (write answer verbatim)

Document any physical or emotional reaction

Do not give W any feedback on ID (such as “good job” or “that’s who we thought it was” (doing so will artificially inflate W’s level of confidence)

Continue showing remaining photos

Preserve copy of photos shown in order (simultaneous 6-pack template works well)

If ID made, have W sign photo picked Report should include:

◦Whether blind or blinded method used◦Instructions given to W◦Results of lineup◦If ID made, answer to level of certainty Q

May elicit further detail on any ID made; may not tell W if “right” person picked;

just say investigation ongoing