Methods Used When Witnesses Identify A Suspect Criminal Law Paper

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Question Description

Review slides 48 to 142 of the Eyewitness Evidence: A Guide for Law Enforcement slide show on the National Criminal Justice Reference Service website.

Research the best practices to be used by police when conducting suspect identifications. You are to deal with. the three main methods of having a witness identify a suspect and the different methods these procedures can be run.

Write a 350- to 700-word summary of your discussion.You must use the slide show mentioned above as at least one of your sources. Show me that you actually watched this slide show.

Format your summary consistent with APA guidelines.

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Eyewitness Evidence: A Guide for Law Enforcement Part I: Interviewing Procedures 1 Section I. Initial Report of the Crime/ First Responder (Preliminary Investigator) 2 A. Answering the 9–1–1/Emergency Call (Call-Taker/Dispatcher) Procedure: During a 9–1–1/emergency call—after obtaining preliminary information and dispatching police—the call-taker/ dispatcher should— 1. Assure the caller the police are on the way. 3 Answering the 9–1–1/Emergency Call (Call-Taker/Dispatcher) (cont.) 2. Ask open-ended questions (e.g., “What can you tell me about the car?”) and augment with closed-ended questions (e.g., “What color was the car?”). 4 Obtaining Information From Witness(es) Open-ended questions allow for an unlimited response from the witness in his/her own words. Examples: • “What can you tell me about the perpetrator?” • “Tell me in your own words what happened.” 5 Obtaining Information From Witness(es) (cont.) Closed-ended questions limit the amount or scope of information that the witness can provide. Examples: • “Did the perpetrator have a beard?” • “What color was the car?” 6 Obtaining Information From Witness(es) (cont.) 3. Avoid asking suggestive or leading questions. Leading questions suggest an answer and may distort the caller’s perception or memory. Example: • “Was the car red?” 7 Answering the 9–1–1/Emergency Call (Call-Taker/Dispatcher) (cont.) 4. Ask if anything else should be known about the incident. 5. Transmit information to responding officer(s). 6. Update officer(s) as more information comes in. 8 Answering the 9–1–1/Emergency Call (Call-Taker/Dispatcher) (cont.) Summary: The information obtained from the witness is critical to the safety of those involved and may be important to the investigation. The manner in which facts are elicited from a caller can influence the accuracy of the information obtained. 9 B. Investigating the Scene (Preliminary Investigating Officer) Procedure: After securing the scene and attending to any victims and injured persons, the preliminary investigating officer should— 1. Identify the perpetrator(s). a. Determine the location of the perpetrator(s). b. Detain or arrest if still present at the scene. 10 Investigating the Scene (Preliminary Investigating Officer) (cont.) 2. Determine/classify what crime or incident has occurred. 3. Broadcast an updated description of the incident, perpetrator(s), and/or vehicle(s). 11 Investigating the Scene (Preliminary Investigating Officer) (cont.) 4. Verify the identity of the witness(es). 5. Separate witnesses and instruct them to avoid discussing details of the incident with other witnesses. 6. Canvass the area for other witnesses. 12 Investigating the Scene (Preliminary Investigating Officer) (cont.) Summary: The preliminary investigation at the scene forms a sound basis for the accurate collection of information and evidence during the followup investigation. 13 C. Obtaining Information From Witness(es) Procedure: When interviewing a witness, the preliminary investigating officer should— 1. Establish rapport with the witness. 1 2 2. Inquire about the witness’s condition. (To play audio sample, role mouse over audio icon.) 14 Obtaining Information From Witness(es) (cont.) 3. Use open-ended questions (e.g., “What can you tell me about the car?”); Augment with closed-ended questions (e.g., “What color was the car?”); and avoid leading questions (e.g., “Was the car red?”). 15 Obtaining Information From Witness(es) (cont.) Convert the following closed-ended questions to open-ended format: 1. “What color was his hair?” 2. “Was he wearing a jacket?” 3. “Did he have a mustache or beard?” 16 Obtaining Information From Witness(es) (cont.) 4. Clarify the information received with the witness. 5. Document information obtained from the witness, including the witness’s identity, in a written report. 6. Encourage the witness to contact investigators with any further information. 17 Obtaining Information From Witness(es) (cont.) 7. Encourage the witness to avoid contact with the media or exposure to media accounts concerning the incident. 8. Instruct the witness to avoid discussing details of the incident with other potential witnesses. 18 Obtaining Information From Witness(es) (cont.) Summary: Information obtained from the witness can corroborate other evidence (e.g., physical evidence or accounts provided by other witnesses) in the investigation. Therefore, it is important that this information be accurately documented in writing. 19 Section III. Procedures for Interviewing the Witness by the Followup Investigator 20 A. Preinterview Preparations and Decisions Procedure: Prior to conducting the interview, the investigator should— 1. Review available information. 2. Plan to conduct the interview as soon as the witness is physically and emotionally capable. 21 Preinterview Preparations and Decisions (cont.) 3. Select an environment that minimizes distractions while maintaining the comfort level of the witness. 4. Ensure resources are available (e.g., notepad, tape recorder, camcorder, interview room). 22 Preinterview Preparations and Decisions (cont.) 5. Separate the witnesses. 6. Determine the nature of the witness’s prior law enforcement contact. 23 Preinterview Preparations and Decisions (cont.) Summary: Performing the above preinterview preparations will enable the investigator to elicit a greater amount of accurate information during the interview, which may be critical to the investigation. 24 B. Initial (Preinterview) Contact With the Witness Procedure: On meeting with the witness but prior to beginning the interview, the investigator should— 1. Develop rapport with the witness. 25 Initial (Preinterview) Contact With the Witness (cont.) 2. Inquire about the nature of the witness’s prior law enforcement contact related to the incident. 3. Volunteer no specific information about the suspect or case. 26 Initial (Preinterview) Contact With the Witness (cont.) Summary: Establishing a cooperative relationship with the witness likely will result in an interview that yields a greater amount of accurate information. 27 C. Conducting the Interview 3 4 The cognitive interview technique, used to obtain information from cooperative witnesses, has four basic principles— (To play audio sample, role mouse over audio icon.) 28 Conducting the Interview (cont.) Principle 1: Social Dynamics Between the Interviewer and Witness 5 6 7 8 (To play audio sample, role mouse over audio icon.) 29 Conducting the Interview (cont.) Principle 2: Facilitation of the Witness’s Memory and Thinking 9 (To play audio sample, role mouse over audio icon.) 30 Conducting the Interview (cont.) Principle 3: Communication Between the Interviewer and Witness 31 Conducting the Interview (cont.) Principle 4: Sequence of the Interview 32 C. Conducting the Interview (cont.) Procedure: During the interview, the investigator should— 1. Encourage the witness to volunteer information without prompting. 2. Encourage the witness to report all details, even if they seem trivial. 33 Conducting the Interview (cont.) 3. Ask open-ended questions (e.g., “What can you tell me about the car?”) and augment with closed-ended questions (e.g., “What color was the car?”). 4. Avoid leading questions (e.g., “Was the car red?”). 34 Conducting the Interview (cont.) 5. Caution the witness not to guess. 6. Ask the witness to mentally recreate the circumstances of the event (e.g., “Think about your feelings at the time”). 7. Encourage nonverbal communication (e.g., drawings, gestures, objects). 35 Conducting the Interview (cont.) 8. Avoid interrupting the witness. 9. Encourage the witness to contact investigators when additional information is recalled. 36 Conducting the Interview (cont.) 10. Instruct the witness to avoid discussing details of the incident with other potential witnesses. 11. Encourage the witness to avoid contact with the media or exposure to media accounts concerning the incident. 12. Thank the witness for his/her cooperation. 37 Conducting the Interview (cont.) Summary: Information elicited from the witness during the interview may provide investigative leads and other essential facts. The above interview procedures will enable the witness to provide the most accurate, complete description of the event and encourage the witness to report later recollections. Witnesses commonly recall additional information after the interview that may be critical to the investigation. 38 D. Recording Witness Recollections Procedure: During or as soon as reasonably possible after the interview, the investigator should— 1. Document the witness’s statements (e.g., audio or video recording, stenographer’s documentation, witness’s written statement, or written summary using witness’s own words). 39 Recording Witness Recollections (cont.) 2. Review written documentation; ask the witness if there is anything he/she wishes to change, add, or emphasize. 40 Recording Witness Recollections (cont.) Summary: Complete and accurate documentation of the witness’s statement is essential to the integrity and success of the investigation and any subsequent court proceedings. 41 E. Assessing the Accuracy of Individual Elements of a Witness’s Statement Procedure: After conducting the interview, the investigator should— 1. Consider each individual component of the witness’s statement separately. 42 Assessing the Accuracy of Individual Elements of a Witness’s Statement (cont.) 2. Review each element of the witness’s statement in the context of the entire statement. Look for inconsistencies within the statement. 3. Review each element of the statement in the context of evidence known to the investigator from other sources (e.g., other witnesses’ statements, physical evidence). 43 Assessing the Accuracy of Individual Elements of a Witness’s Statement (cont.) Summary: Point-by-point consideration of the accuracy of each element of a witness’s statement can assist in focusing the investigation. This technique avoids the common misconception that the accuracy of an individual element of a witness’s description predicts the accuracy of another element. 44 F. Maintaining Contact With the Witness Procedure: During postinterview, followup contact with the witness, the investigator should— 1. Reestablish rapport with the witness. 2. Ask the witness if he/she has recalled any additional information. 45 Maintaining Contact With the Witness (cont.) 3. Follow interviewing and documentation procedures in subsections C, Conducting the Interview, and D, Recording Witness Recollections. 4. Provide no information from other sources. 46 Maintaining Contact With the Witness (cont.) Summary: Reestablishing contact and rapport with the witness often leads to recovery of additional information. Maintaining open communication channels with the witness throughout the investigation is critical. 47 Eyewitness Evidence: A Guide for Law Enforcement Part II: Identification Procedures 48 Section II. Mug Books and Composites 49 A. Preparing Mug Books Procedure: In selecting photos to be preserved in a mug book, the preparer should— 1. Group photos by format (e.g., color or black and white; Polaroid, 35mm, or digital; video) to ensure that no photo unduly stands out. 50 Preparing Mug Books (cont.) 2. Select photos of individuals that are uniform with regard to general physical characteristics (e.g., race, age, sex). 3. Consider grouping photos by specific crime (e.g., sexual assault, gang activity). 51 Preparing Mug Books (cont.) 4. Ensure that positive identifying information exists for all individuals portrayed. 5. Ensure that photos are reasonably contemporary. 6. Ensure that only one photo of each individual is in the mug book. 52 Preparing Mug Books (cont.) Summary: Mug books must be objectively compiled to yield investigative leads that will be admissible in court. 53 B. Developing and Using Composite Images Procedure: The person preparing the composite should— 1. Assess the ability of the witness to provide a description of the perpetrator. 2. Select the procedure to be used from those available (e.g., identikit-type, artist, computer-generated images). 54 Developing and Using Composite Images (cont.) 3. Unless part of the procedure, avoid showing the witness any photos immediately prior to development of the composite. 4. Select an environment for conducting the procedure that minimizes distractions. 55 Developing and Using Composite Images (cont.) 5. Conduct the procedure with each witness separately. 6. Determine with the witness whether the composite is a reasonable representation of the perpetrator. 56 Developing and Using Composite Images (cont.) Summary: The use of composite images can yield investigative leads in cases in which no suspect has been determined. Use of these procedures can facilitate obtaining from the witness a description that will enable the development of a reasonable likeness of the perpetrator. 57 C. Instructing the Witness: Mug Book Procedure: The investigator/person conducting the procedure should— 1. Instruct each witness without other persons present. 2. Describe the mug book to the witness only as a “collection of photographs.” 58 Instructing the Witness: Mug Book (cont.) 3. Instruct the witness that the person who committed the crime may or may not be present in the mug book. 4. Consider suggesting to the witness to think back to the event and his/her frame of mind at the time. 59 Instructing the Witness: Mug Book (cont.) 5. Instruct the witness to select a photograph if he/she can and to state how he/she knows the person if he/she can. 6. Assure the witness that regardless of whether he/she makes an identification, the police will continue to investigate the case. 60 Instructing the Witness: Mug Book (cont.) 7. Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of any identification. 61 C. Instructing the Witness: Composite Procedure: The investigator/person conducting the procedure should— 1. Instruct each witness without other persons present. 2. Explain the type of composite technique to be used. 62 Instructing the Witness: Composite (cont.) 3. Explain to the witness how the composite will be used in the investigation. 4. Instruct the witness to think back to the event and his/her frame of mind at the time. 63 C. Instructing the Witness (cont.) Summary: Providing instructions to the witness can improve his/her comfort level and can result in information that may assist the investigation. 64 D. Documenting the Procedure Procedure: The person conducting the procedure should— 1. Document the procedure employed (e.g., identikit-type, mug book, artist, computer-generated image) in writing. 65 Documenting the Procedure (cont.) 2. Document the results of the procedure in writing, including the witness’s own words regarding how certain he/she is of any identification. 3. Document items used and preserve composites generated. 66 Documenting the Procedure (cont.) Summary: Documentation of the procedure and its outcome improves the strength and credibility of the results obtained from the witness and can be an important factor in the investigation and any subsequent court proceedings. 67 Section IV. Field Identification Procedure (Showup) 68 A. Conducting Showups Procedure: When conducting a showup, the investigator should— 1. Determine and document, prior to the showup, a description of the perpetrator. 2. Consider transporting the witness to the location of the detained suspect to limit the legal impact of the suspect’s detention. 69 Conducting Showups (cont.) 3. When multiple witnesses are involved: a. Separate witnesses and instruct them to avoid discussing details of the incident with other witnesses. b. If a positive identification is obtained from one witness, consider using other identification procedures (e.g., lineup, photo array) for remaining witnesses. 70 Conducting Showups (cont.) 4. Caution the witness that the person he/she is looking at may or may not be the perpetrator. 5. Obtain and document a statement of certainty for both identifications and nonidentifications. 71 Conducting Showups (cont.) Summary: The use of a showup can provide investigative information at an early stage, but the inherent suggestiveness of a showup requires careful use of procedural safeguards. 72 B. Recording Showup Results Procedure: When conducting a showup, the investigator should— 1. Document the time and location of the procedure. 2. Record both identification and nonidentification results in writing, including the witness’s own words regarding how certain he/she is. 73 Recording Showup Results (cont.) Summary: Preparing a complete and accurate record of the outcome of the showup improves the strength and credibility of the identification or nonidentification results obtained from the witness and can be a critical document in the investigation and any subsequent court proceedings. 74 Section V. Procedures for Eyewitness Identification of Suspects 75 Video Clip 1 (To view video, roll mouse over video screen. Video is not accompanied by sound.) 76 A. Composing Lineups: Photo Lineup Procedure: In composing a photo lineup, the investigator should— 1. Include only one suspect in each identification procedure. 77 Composing Lineups: Photo Lineup (cont.) 2. Select fillers who generally fit the witness’s description of the perpetrator. When there is a limited/inadequate description of the perpetrator provided by the witness, or when the description of the perpetrator differs significantly from the appearance of the suspect, fillers should resemble the suspect in significant features. 78 Description: white male, 19 to 25 years old, dark hair, no facial hair. Pick five fillers. 4 1 2 3 5 6 7 8 9 10 11 12 79 Suppose that this man is the suspect. Witness description: white male, 19-30, dark hair, clean shaven. Pick five fillers. 1 3 4 6 7 8 5 2 9 10 11 12 80 Composing Lineups: Photo Lineup (cont.) 3. If multiple photos of the suspect are reasonably available to the investigator, select a photo that resembles the suspect’s description or appearance at the time of the incident. 4. Include a minimum of five fillers (nonsuspects) per identification procedure. 81 Composing Lineups: Photo Lineup (cont.) 5. Consider that complete uniformity of features is not required. Avoid using fillers that so closely resemble the suspect that a person familiar with the suspect might find it difficult to distinguish the suspect from the fillers. 82 The eyewitness described the perpetrator as a 18- to 22-year-old white male with brown hair and no facial hair. 83 Composing Lineups: Photo Lineup (cont.) 6. Create a consistent appearance between the suspect and fillers with respect to any unique or unusual feature (e.g., scars, tattoos) used to describe the perpetrator by artificially adding or concealing that feature. 84 In this case, the eyewitness described the perpetrator as a cross-eyed, black male. 85 Composing Lineups: Photo Lineup (cont.) 7. Consider placing suspects in different positions in each lineup, both across cases and with multiple witnesses in the same case. Position the suspect randomly in the lineup. 8. When showing a new suspect, avoid reusing fillers in lineups shown to the same witness. 86 Composing Lineups: Photo Lineup (cont.) 9. Ensure that no writings or information concerning previous arrest(s) will be visible to the witness. 10. View the spread, once completed, to ensure that the suspect does not unduly stand o ...
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TutorAR
School: UCLA

Hi, Find attached the paper for your review.Let me know if you need anything edited or changed.Looking forward to working with you again in future.Thank you
Attached.

Running head: EYEWITNESS EVIDENCE

Methods Used When Witnesses Identify a Suspect.
Student’s Name
Professor’s Name
Course Title
Date

EYEWITNESS EVIDENCE

2

Methods Used by Witnesses to Identify a Suspect
Mug Books and Composites: Mug books are books containing pictures of people who
have committed a crime and are mainly stored by the police while composites are the collective
data used to conduct an investigation. It also outlines how to develop and use composite images,
how police should instruct witnesses and how to record and document the process. When
preparing a mug book the police should group the photographs according to a specific system,
format (sex, age, and skin complexion), and the crime committed.
According to Lindslay et al., (2011) preparing the composite image entails assessment by
police to establish whether the witness is in a position to give a correct descr...

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Anonymous
Tutor went the extra mile to help me with this essay. Citations were a bit shaky but I appreciated how well he handled APA styles and how ok he was to change them even though I didnt specify. Got a B+ which is believable and acceptable.

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