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.)
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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.
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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.
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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.
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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.)
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Conducting the Interview (cont.)
Principle 1:
Social Dynamics Between
the Interviewer and Witness
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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.)
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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.
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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).
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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.
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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.
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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).
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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.
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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.”
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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Section V.
Procedures for Eyewitness
Identification of Suspects
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Video Clip 1
(To view video, roll mouse over video screen. Video is not accompanied by sound.)
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A. Composing Lineups: Photo Lineup
Procedure: In composing a photo lineup, the
investigator should—
1. Include only one suspect in each
identification procedure.
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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
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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
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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.
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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.
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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 out.
87
Composing Lineups: Photo Lineup
(cont.)
11. Preserve the presentation order of the
photo lineup. In addition, the photos
themselves should be preserved in their
original condition.
88
Perpetrator described as white male, age 25–40, approximately
6'2" tall, dark hair at ear length, and no facial hair. Suspect is in
position 3. What problems are there with this lineup?
1
2
4
5
3
6
89
A. Composing Lineups: Live Lineup
Procedure: In composing a live lineup, the
investigator should—
1. Include only one suspect in each
identification procedure.
90
Composing Lineups: Live 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.
91
Composing Lineups: Live Lineup
(cont.)
3. Consider placing suspects in different
positions in each lineup, both across cases
and with multiple witnesses in the same
case. Position the suspect randomly, unless,
where local practice allows, the suspect or
the suspect’s attorney requests a particular
position.
92
Composing Lineups: Live Lineup
(cont.)
4. Include a minimum of four fillers
(nonsuspects) per identification procedure.
5. When showing a new suspect, avoid
reusing fillers in lineups shown to the
same witness.
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Composing Lineups: Live Lineup
(cont.)
6. 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.
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Composing Lineups: Live Lineup
(cont.)
7. 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.
95
The perpetrator was described by the eyewitness as a white male with
light-colored hair. What are two clear problems with this lineup?
96
A. Composing Lineups (cont.)
Summary:
The above procedures will result in a lineup in
which the suspect does not unduly stand
out. An identification obtained through a
lineup composed in this manner may have
stronger evidentiary value than one obtained
without these procedures.
97
Video Clip 2
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98
Video Clip 3
(To view video, roll mouse over video screen. Video is not accompanied by sound.)
99
Replay of Video Clip 1
(To view video, roll mouse over video screen. Video is not accompanied by sound.)
100
B. Instructing the Witness Prior to
Viewing a Lineup: Photo Lineup
Procedure: Prior to presenting a photo
lineup, the investigator should—
1. Instruct the witness that he/she will be
asked to view a set of photographs.
2. Instruct the witness that it is just as
important to clear innocent persons from
suspicion as to identify guilty parties.
101
Instructing the Witness: Photo Lineup
(cont.)
3. Instruct the witness that individuals
depicted in lineup photos may not appear
exactly as they did on the date of the
incident, because features such as head and
facial hair are subject to change.
102
Instructing the Witness: Photo Lineup
(cont.)
4. Instruct the witness that the person who
committed the crime may or may not be in
the set of photographs being presented.
5. Assure the witness that regardless of
whether an identification is made, the
police will continue to investigate the
incident.
103
Instructing the Witness: Photo Lineup
(cont.)
6. 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.
104
B. Instructing the Witness Prior to
Viewing a Lineup: Live Lineup
Procedure: Prior to presenting a live lineup,
the investigator should—
1. Instruct the witness that he/she will be
asked to view a group of individuals.
2. Instruct the witness that it is just as
important to clear innocent persons from
suspicion as to identify guilty parties.
105
Instructing the Witness: Live Lineup
(cont.)
3. Instruct the witness that individuals present
in the lineup may not appear exactly as they
did on the date of the incident, because
features such as head and facial hair are
subject to change.
4. Instruct the witness that the person who
committed the crime may or may not be
present in the group of individuals.
106
Instructing the Witness: Live Lineup
(cont.)
5. Assure the witness that regardless of
whether an identification is made, the police
will continue to investigate the incident.
6. 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.
107
B. Instructing the Witness Prior to
Viewing a Lineup (cont.)
Summary:
Instructions provided to the witness prior to
presentation of a lineup will likely improve
the accuracy and reliability of any
identification obtained from the witness and
can facilitate the elimination of innocent
parties from the investigation.
108
C. Conducting the Identification
Procedure: Simultaneous Photo Lineup
Procedure: When presenting a simultaneous
photo lineup, the investigator should—
1. Provide viewing instructions to the witness
as outlined in subsection B, Instructing the
Witness Prior to Viewing a Lineup.
2. Confirm that the witness understands the
nature of the lineup procedure.
109
Conducting the Identification Procedure:
Simultaneous Photo Lineup (cont.)
3. Avoid saying anything to the witness that
may influence the witness’s selection.
4. If an identification is made, avoid reporting
to the witness any information regarding
the individual he/she has selected prior to
obtaining the witness’s statement of
certainty.
110
Conducting the Identification Procedure:
Simultaneous Photo Lineup (cont.)
5. Record any identification results and
witness’s statement of certainty as outlined
in subsection D, Recording Identification
Results.
111
LINEUP FORM
(Required for Every Photo or Live Lineup)
Date of offense: _______________
Case or file number: ____________
Witness name: __________________________________________
Results of lineup conducted on ___________ (date) at _________ (time):
I selected photo/person number _____ from the lineup.
I made no selection from the photos shown/persons in lineup.
Witness statement about this identification or nonidentification:
____________________________________________________________
____________________________________________________________
____________________________________________________________
Unusual circumstances (clothing passed among participants, etc.):
____________________________________________________________
Phrases spoken by suspect(s):____________________________________
____________________________________________________________
Signature of witness: ________________________________
Signature of investigating officer: ________________________________
Names of any other persons present at lineup and relationship to case:
_________________________________________
_________________________________________
_________________________________________
112
Conducting the Identification Procedure:
Simultaneous Photo Lineup (cont.)
6. Document in writing the photo lineup
procedures, including—
a. Identification information and sources
of all photos used.
b. Names of all persons present at the
photo lineup.
c. Date and time of the identification
procedure.
113
Conducting the Identification Procedure:
Simultaneous Photo Lineup (cont.)
7. Instruct the witness not to discuss the
identification procedure or its results with
other witnesses involved in the case and
discourage contact with the media.
114
C. Conducting the Identification
Procedure: Sequential Photo Lineup
Procedure: When presenting a sequential
photo lineup, the investigator should—
1. Provide viewing instructions to the witness
as outlined in subsection B, Instructing the
Witness Prior to Viewing a Lineup.
115
Conducting the Identification Procedure:
Sequential Photo Lineup (cont.)
2. Provide the following additional viewing
instructions to the witness:
a. Individual photographs will be viewed
one at a time.
b. The photos are in random order.
c. Take as much time as needed in making
a decision about each photo before
moving on to the next one.
116
Conducting the Identification Procedure:
Sequential Photo Lineup (cont.)
d. All photos will be shown, even if an
identification is made; or the procedure will
be stopped at the point of an identification
(consistent with jurisdictional/departmental
procedures).
3. Confirm that the witness understands the
nature of the sequential procedure.
117
Conducting the Identification Procedure:
Sequential Photo Lineup (cont.)
4. Present each photo to the witness
separately, in a previously determined
order, removing those previously shown.
5. Avoid saying anything to the witness that
may influence the witness’s selection.
118
Conducting the Identification Procedure:
Sequential Photo Lineup (cont.)
6. If an identification is made, avoid reporting
to the witness any information regarding
the individual he/she has selected prior to
obtaining the witness’s statement of
certainty.
119
Conducting the Identification Procedure:
Sequential Photo Lineup (cont.)
7. Record any identification results and
witness’s statement of certainty as outlined
in subsection D, Recording Identification
Results.
120
Conducting the Identification Procedure:
Sequential Photo Lineup (cont.)
8. Document in writing the photo lineup
procedures, including—
a. Identification information and sources of
all photos used.
b. Names of all persons present at the
photo lineup.
c. Date and time of the identification
procedure.
121
Conducting the Identification Procedure:
Sequential Photo Lineup (cont.)
9. Instruct the witness not to discuss the
identification procedure or its results with
other witnesses involved in the case and
discourage contact with the media.
122
C. Conducting the Identification
Procedure: Simultaneous Live Lineup
Procedure: When presenting a simultaneous
live lineup, the investigator/lineup
administrator should—
1. Provide viewing instructions to the witness
as outlined in subsection B, Instructing the
Witness Prior to Viewing a Lineup.
123
Conducting the Identification Procedure:
Simultaneous Live Lineup (cont.)
2. Instruct all those present at the lineup not to
suggest in any way the position or identity
of the suspect in the lineup.
3. Ensure that any identification actions (e.g.,
speaking, moving) are performed by all
members of the lineup.
124
Conducting the Identification Procedure:
Simultaneous Live Lineup (cont.)
4. Avoid saying anything to the witness that
may influence the witness’s selection.
5. If an identification is made, avoid reporting
to the witness any information regarding
the individual he/she has selected prior to
obtaining the witness’s statement of
certainty.
125
Conducting the Identification Procedure:
Simultaneous Live Lineup (cont.)
6. Record any identification results and
witness’s statement of certainty as outlined
in subsection D, Recording Identification
Results.
126
Conducting the Identification Procedure:
Simultaneous Live Lineup (cont.)
7. Document the lineup in writing,
including—
a. Identification information of lineup
participants.
b. Names of all persons present at the
lineup.
c. Date and time the identification
procedure was conducted.
127
Conducting the Identification Procedure:
Simultaneous Live Lineup (cont.)
8. Document the lineup by photo or video.
This documentation should be of a quality
that represents the lineup clearly and fairly.
9. Instruct the witness not to discuss the
identification procedure or its results with
other witnesses involved in the case and
discourage contact with the media.
128
C. Conducting the Identification
Procedure: Sequential Live Lineup
Procedure: When presenting a sequential live
lineup, the lineup administrator/
investigator should—
1. Provide viewing instructions to the witness
as outlined in subsection B, Instructing the
Witness Prior to Viewing a Lineup.
129
Conducting the Identification Procedure:
Sequential Live Lineup (cont.)
2. Provide the following additional viewing
instructions to the witness:
a. Individuals will be viewed one at a time.
b. The individuals will be presented in
random order.
c. Take as much time as needed in making a
decision about each individual before
moving to the next one.
130
Conducting the Identification Procedure:
Sequential Live Lineup (cont.)
d. If the person who committed the crime
is present, identify him/her.
e. All individuals will be presented, even if
an identification is made; or the
procedure will be stopped at the point of
an identification (consistent with
jurisdictional/departmental procedures).
3. Begin with all lineup participants out of the
view of the witness.
131
Conducting the Identification Procedure:
Sequential Live Lineup (cont.)
4. Instruct all those present at the lineup not to
suggest in any way the position or identity
of the suspect in the lineup.
5. Present each individual to the witness
separately, in a previously determined
order, removing those previously shown.
132
Conducting the Identification Procedure:
Sequential Live Lineup (cont.)
6. Ensure that any identification actions (e.g.,
speaking, moving) are performed by all
members of the lineup.
7. Avoid saying anything to the witness that
may influence the witness’s selection.
133
Conducting the Identification Procedure:
Sequential Live Lineup (cont.)
8. If an identification is made, avoid reporting
to the witness any information regarding
the individual he/she has selected prior to
obtaining the witness’s statement of
certainty.
9. Record any identification results and
witness’s statement of certainty as outlined
in subsection D, Recording Identification
Results.
134
Conducting the Identification Procedure:
Sequential Live Lineup (cont.)
10. Document the lineup procedures and
content in writing, including—
a. Identification information of lineup
participants.
b. Names of all persons present at the
lineup.
c. Date and time the identification
procedure was conducted.
135
Conducting the Identification Procedure:
Sequential Live Lineup (cont.)
11. Document the lineup by photo or video.
This documentation should be of a quality
that represents the lineup clearly and
fairly. Photo documentation can be of
either the group or each individual.
136
Conducting the Identification Procedure:
Sequential Live Lineup (cont.)
12. Instruct the witness not to discuss the
identification procedure or its results with
other witnesses involved in the case and
discourage contact with the media.
137
C. Conducting the Identification
Procedure (cont.)
Summary:
The manner in which an identification
procedure is conducted can affect the
reliability, fairness, and objectivity of the
identification. Use of the above procedures
can minimize the effect of external
influences on a witness’s memory.
138
D. Recording Identification Results
Procedure: When conducting an
identification procedure, the investigator
should—
1. Record both identification and
nonidentification results in writing,
including the witness’s own words
regarding how sure he/she is.
139
LINEUP FORM
(Required for Every Photo or Live Lineup)
Date of offense: _______________
Case or file number: ____________
Witness name: __________________________________________
Results of lineup conducted on ___________ (date) at _________ (time):
I selected photo/person number _____ from the lineup.
I made no selection from the photos shown/persons in lineup.
Witness statement about this identification or nonidentification:
____________________________________________________________
____________________________________________________________
____________________________________________________________
Unusual circumstances (clothing passed among participants, etc.):
____________________________________________________________
Phrases spoken by suspect(s):____________________________________
____________________________________________________________
Signature of witness: ________________________________
Signature of investigating officer: ________________________________
Names of any other persons present at lineup and relationship to case:
_________________________________________
_________________________________________
_________________________________________
140
Recording Identification Results
(cont.)
2. Ensure results are signed and dated by the
witness.
3. Ensure that no materials indicating previous
identification results are visible to the
witness.
4. Ensure that the witness does not write on or
mark any materials that will be used in other
identification procedures.
141
Recording Identification Results
(cont.)
Summary:
Preparing a complete and accurate record of the
outcome of the identification procedure
improves the strength and credibility of the
identification or nonidentification results
obtained from the witness. This record can be a
critical document in the investigation and any
subsequent court proceedings.
142
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