georgia public safety training center 5/6/2015 eyewitness identification georgia public safety...
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Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
Georgia Public Safety Training CenterGeorgia Public Safety Training Center
1000 Indian Springs Drive1000 Indian Springs Drive
Forsyth, GA 31029Forsyth, GA 31029
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness 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 Center04/18/23
Eyewitness IdentificationEyewitness Identification
• A ResolutionA Resolution
Georgia Public Safety Training Center04/18/23
TERMSTERMS
• PEACE OFFICERPEACE OFFICER
Georgia Public Safety Training Center04/18/23
TERMSTERMS
• IN-SERVICEIN-SERVICE
Georgia Public Safety Training Center04/18/23
TERMSTERMS
• SUSPECTSUSPECT
Georgia Public Safety Training Center04/18/23
TERMSTERMS
• ADMINISTRATORADMINISTRATOR
Georgia Public Safety Training Center04/18/23
TERMSTERMS
• NEUTRAL INDEPENDENT ADMINISTRATORNEUTRAL INDEPENDENT ADMINISTRATOR
Georgia Public Safety Training Center04/18/23
TERMSTERMS
• SIMULTANEOUS IDENTIFICATIONSIMULTANEOUS IDENTIFICATION
Georgia Public Safety Training Center04/18/23
TERMSTERMS
• SEQUENTIAL IDENTIFICATIONSEQUENTIAL IDENTIFICATION
Georgia Public Safety Training Center04/18/23
TERMSTERMS
• SHOWUP SHOWUP
Georgia Public Safety Training Center04/18/23
TERMSTERMS
• PHYSICAL LINEUPPHYSICAL LINEUP
Georgia Public Safety Training Center04/18/23
TERMSTERMS
• PHOTOGRAPHIC LINEUPPHOTOGRAPHIC LINEUP
Georgia Public Safety Training Center04/18/23
TERMSTERMS
• FILLERFILLER
Georgia Public Safety Training Center04/18/23
Georgia Peace OfficersGeorgia Peace Officers
• OCGA Title 35-8-9OCGA Title 35-8-9
Basic course of instructionBasic course of instruction
Georgia Public Safety Training Center04/18/23
Georgia Law Enforcement Georgia Law Enforcement HandbookHandbook
Criminal Law & ProcedureCriminal Law & Procedure
• Chapter 6, Pre-Trial IdentificationChapter 6, Pre-Trial Identification
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
The United States Supreme Courts says:
Georgia Public Safety Training Center04/18/23
Georgia Law Enforcement Georgia Law Enforcement HandbookHandbook
Criminal Law & ProcedureCriminal Law & Procedure
• Pre-Trial IdentificationPre-Trial Identification
• Chapter 6-4 Lineups Chapter 6-4 Lineups (Physical Lineup)(Physical Lineup)
Georgia Public Safety Training Center04/18/23
Georgia Law Enforcement Georgia Law Enforcement HandbookHandbook
Criminal Law & ProcedureCriminal Law & Procedure
• Pre-Trial IdentificationPre-Trial Identification
• Chapter 6-4 Lineups Chapter 6-4 Lineups (Physical Lineup)(Physical Lineup)
Georgia Public Safety Training Center04/18/23
Georgia Law Enforcement Georgia Law Enforcement HandbookHandbook
Criminal Law & ProcedureCriminal Law & Procedure
• Pre-Trial IdentificationPre-Trial Identification
• Chapter 6-5 ShowupsChapter 6-5 Showups
Georgia Public Safety Training Center04/18/23
Eyewitness Identification Eyewitness Identification
The United States Supreme Courts says:
Georgia Public Safety Training Center04/18/23
Georgia Law Enforcement Georgia Law Enforcement HandbookHandbook
Criminal Law & ProcedureCriminal Law & Procedure
• Pre-Trial IdentificationPre-Trial Identification
• Chapter 6-6 Picture Identification Chapter 6-6 Picture Identification (Photographic Lineup)(Photographic Lineup)
Georgia Public Safety Training Center04/18/23
Eyewitness Identification Eyewitness Identification
The United States Supreme Courts says:
Georgia Public Safety Training Center04/18/23
Georgia Law Enforcement Georgia Law Enforcement HandbookHandbook
Criminal Law & ProcedureCriminal Law & Procedure
• Pre-Trial IdentificationPre-Trial Identification
• Chapter 6-7 Presence of counselChapter 6-7 Presence of counsel
Georgia Public Safety Training Center04/18/23
Eyewitness Identification Eyewitness Identification
The United States Supreme Courts says:
Georgia Public Safety Training Center04/18/23
Interviewing EyewitnessesInterviewing Eyewitnesses
• INTERVIEWING INTERVIEWING
Georgia Public Safety Training Center04/18/23
Interviewing EyewitnessesInterviewing Eyewitnesses
• INTERVIEWING INTERVIEWING
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
• PreparationPreparation
• PresentationPresentation
• PreservationPreservation
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
• Preparation & PresentationPreparation & Presentation
–ShowupsShowups
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
• Preparation Preparation
–ShowupsShowups
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
• Presentation Presentation
–ShowupsShowups
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
• Preservation Preservation
–ShowupsShowups
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
• Preservation Preservation
–ShowupsShowups
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
• PreparationPreparation
–Physical lineupsPhysical lineups
–Photographic lineupsPhotographic lineups
Georgia Public Safety Training Center04/18/23
PREPARATIONPREPARATION
• Composing LineupsComposing Lineups
–Legal considerations Legal considerations
Georgia Public Safety Training Center04/18/23
PREPARATIONPREPARATION
• Composing LineupsComposing Lineups
–Include only one suspect in each Include only one suspect in each identification procedureidentification procedure
Georgia Public Safety Training Center04/18/23
PREPARATIONPREPARATION
• Composing LineupsComposing Lineups
• Include at least five fillersInclude at least five fillers
Georgia Public Safety Training Center04/18/23
PREPARATIONPREPARATION
• Composing LineupsComposing Lineups
–Select fillers who generally fit the Select fillers who generally fit the witness’s description of the witness’s description of the perpetrator. perpetrator.
Georgia Public Safety Training Center04/18/23
PREPARATIONPREPARATION
• Composing LineupsComposing Lineups
–Complete uniformity of features in Complete uniformity of features in not requirednot required
Georgia Public Safety Training Center04/18/23
PREPARATIONPREPARATION
• Composing LineupsComposing Lineups
–Place suspects in different positions Place suspects in different positions in each lineup. in each lineup.
Georgia Public Safety Training Center04/18/23
PREPARATIONPREPARATION
• Composing LineupsComposing Lineups
–When showing a new suspect, When showing a new suspect, avoid reusing fillers in lineups avoid reusing fillers in lineups shown to the same witness shown to the same witness
Georgia Public Safety Training Center04/18/23
PREPARATIONPREPARATION
• Composing LineupsComposing Lineups
–Ensure that no writings are Ensure that no writings are markings concerning previous markings concerning previous arrest (s) will be visible to the arrest (s) will be visible to the witness witness
Georgia Public Safety Training Center04/18/23
PREPARATIONPREPARATION
• Composing LineupsComposing Lineups
–View lineup once completed to View lineup once completed to ensure that the suspect does not ensure that the suspect does not unduly stand out. unduly stand out.
Georgia Public Safety Training Center04/18/23
PREPARATIONPREPARATION
• Composing LineupsComposing Lineups
–Preserve the presentation orderPreserve the presentation order
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
• PresentationPresentation
–Physical lineupsPhysical lineups
–Photographic lineupsPhotographic lineups
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
Neutral Independent Administrator Neutral Independent Administrator
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
• PresentationPresentation
–Physical lineupsPhysical lineups
–Photographic lineupsPhotographic lineups
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
• Prior to beginning a physical lineup, Prior to beginning a physical lineup, the administrator should instruct all the administrator should instruct all those present not to suggest in any those present not to suggest in any way the position or identity of he way the position or identity of he suspect in the lineupsuspect in the lineup
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
–Advise the witness that he/she will Advise the witness that he/she will be asked to view a group of be asked to view a group of individualsindividuals
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
–Advise the witness that he/she does Advise the witness that he/she does not have to make an identification, not have to make an identification, and the identification procedure is and the identification procedure is important to the investigation important to the investigation whether or not an identification is whether or not an identification is mademade
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
–Advise the witness that it is just as Advise the witness that it is just as important to clear innocent persons important to clear innocent persons from suspicion as to identify guilty from suspicion as to identify guilty partiesparties
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
– Advise the witness that the individuals Advise the witness that the individuals depicted in the physical lineup may not depicted in the physical lineup may not appear exactly as the witness observed appear exactly as the witness observed on the date of the crime because on the date of the crime because features such as hairstyles and facial features such as hairstyles and facial hair are subject to changehair are subject to change
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
–Advise the witness that the Advise the witness that the perpetrator may or may not be perpetrator may or may not be among those shown in the physical among those shown in the physical lineuplineup
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
–Advise the witness that regardless Advise the witness that regardless of whether an identification is made, of whether an identification is made, law enforcement will continue to law enforcement will continue to investigate the crimeinvestigate the crime
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
–Confirm that the witness Confirm that the witness understands the lineup procedureunderstands the lineup procedure
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
–Advise the witness not to discuss Advise the witness not to discuss the identification procedure or its the identification procedure or its results with other witnesses results with other witnesses involved in the case and discourage involved in the case and discourage contact with the mediacontact with the media
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• ADVISORY STATEMENTADVISORY STATEMENT
– Physical lineupPhysical lineup
Georgia Public Safety Training Center04/18/23
ADVISORY ADVISORY STATEMENTSTATEMENT“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 Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
–If an identification is made, advise If an identification is made, advise the witness to give feedback in the witness to give feedback in his/her own words regarding his/her his/her own words regarding his/her level of confidence at the time of level of confidence at the time of the identificationthe identification
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
Simultaneous v SequentialSimultaneous v Sequential
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
• Simultaneous Simultaneous
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
• Simultaneous Simultaneous
• Presenting the IndividualsPresenting the Individuals
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
• SequentialSequential
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Physical lineupsPhysical lineups
• SequentialSequential
• Presenting the IndividualsPresenting the Individuals
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Photograph lineupsPhotograph lineups
–Advise the witness that he/she will Advise the witness that he/she will be asked to view a group of be asked to view a group of photographsphotographs
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Photograph lineupsPhotograph lineups
–Advise the witness that he/she does Advise the witness that he/she does not have to make an identification, not have to make an identification, and the identification procedure is and the identification procedure is important to the investigation important to the investigation whether or not an identification is whether or not an identification is mademade
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Photograph lineupsPhotograph lineups
–Advise the witness that it is just as Advise the witness that it is just as important to clear innocent persons important to clear innocent persons from suspicion as to identify guilty from suspicion as to identify guilty partiesparties
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Photograph lineupsPhotograph lineups
– Advise the witness that the individuals Advise the witness that the individuals depicted in the physical lineup may not depicted in the physical lineup may not appear exactly as the witness observed appear exactly as the witness observed on the date of the crime because on the date of the crime because features such as hairstyles and facial features such as hairstyles and facial hair are subject to changehair are subject to change
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Photograph lineupsPhotograph lineups
–Advise the witness that the Advise the witness that the perpetrator may or may not be perpetrator may or may not be among those shown in the among those shown in the photograph lineupphotograph lineup
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Photograph lineupsPhotograph lineups
–Advise the witness that regardless Advise the witness that regardless of whether an identification is made, of whether an identification is made, law enforcement will continue to law enforcement will continue to investigate the crimeinvestigate the crime
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Photograph lineupsPhotograph lineups
–Confirm that the witness Confirm that the witness understands the lineup procedureunderstands the lineup procedure
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Photograph lineupsPhotograph lineups
–Advise the witness not to discuss Advise the witness not to discuss the identification procedure or its the identification procedure or its results with other witnesses results with other witnesses involved in the case and discourage involved in the case and discourage contact with the mediacontact with the media
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• ADVISORY STATEMENTADVISORY STATEMENT
– Photograph lineupPhotograph lineup
Georgia Public Safety Training Center04/18/23
ADVISORY ADVISORY STATEMENTSTATEMENT“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 Center04/18/23
PRESENTATIONPRESENTATION
• Photograph lineupsPhotograph lineups
–If an identification is made, advise If an identification is made, advise the witness to give feedback in the witness to give feedback in his/her own words regarding his/her his/her own words regarding his/her level of confidence at the time of level of confidence at the time of the identificationthe identification
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Photographic lineupsPhotographic lineups
• SimultaneousSimultaneous
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Photographic lineupsPhotographic lineups
• SequentialSequential
Georgia Public Safety Training Center04/18/23
PRESENTATIONPRESENTATION
• Photographic lineupsPhotographic lineups
• SequentialSequential
• Presenting the photographsPresenting the photographs
Georgia Public Safety Training Center04/18/23
Eyewitness IdentificationEyewitness Identification
• PreservationPreservation
–Showups Showups
–Physical lineupsPhysical lineups
–Photographic lineupsPhotographic lineups
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
• Documenting Identification ResultsDocumenting Identification Results
• Document both identification and Document both identification and non-identification results including the non-identification results including the witness’s own words regarding how witness’s own words regarding how sure he/she is.sure he/she is.
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
• Documenting Identification ResultsDocumenting Identification Results
• Ensure results are signed and dated Ensure results are signed and dated by the witnessby the witness
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
• Documenting Identification ResultsDocumenting Identification Results
• Ensure that no materials indicating Ensure that no materials indicating previous identification results are previous identification results are visible to the witnessvisible to the witness
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
• Documenting Identification ResultsDocumenting Identification Results
• Ensure that the witness does not Ensure that the witness does not write on or mark materials that will be write on or mark materials that will be used in other identification used in other identification proceduresprocedures
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
• LINEUPSLINEUPS
• Document any identification results Document any identification results and witness’s statement of certaintyand witness’s statement of certainty
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
• LINEUPSLINEUPS
• Document the lineup Document the lineup – Identification of lineup participants and Identification of lineup participants and
sources usedsources used– Names of all persons present Names of all persons present – Date and time the procedure was Date and time the procedure was
conductedconducted
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
• PHYSICAL LINEUPSPHYSICAL LINEUPS
• Documenting the participantsDocumenting the participants
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
Participant FormsPhysical LineupPhotographic Lineup
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
• LINEUPSLINEUPS
• Document the lineup by photo or Document the lineup by photo or video whenever possiblevideo whenever possible
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
• LINEUPSLINEUPS
• Advise the witness not to discuss the Advise the witness not to discuss the identification procedure or its results identification procedure or its results with other witnesses involved in the with other witnesses involved in the case and discourage contact with the case and discourage contact with the mediamedia
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
Physical Lineup ID
Photographic Lineup ID
Georgia Public Safety Training Center04/18/23
PRESERVATIONPRESERVATION
• FOLLOW UPFOLLOW UP
Georgia Public Safety Training Center04/18/23
AGENCY POLICYAGENCY POLICY
GACP Model Policy
Georgia Public Safety Training Center04/18/23
IDENTIFICATION DISPLAY IDENTIFICATION DISPLAY FOLDERFOLDER
Identification Display Folder