Chapter 6

mug books and yearbooks

investigators may request that witnesses view arrest booking photos (mug shots) in an attempt to identify a perpetrator. Whereas the development of a composite sketch allows for an image of the offender to be created and this image may then lead to the discovery of the offender, the viewing of mug shots may directly lead to the discovery of the offender. Unfortunately, even if investigators can limit the number of photos to be reviewed based on the offenders physical description, area of residence, types of crimes committed, and so fourth, seldom is this method effective in actually identifying offenders; it is akin to finding a needle in a haystack. Further, as documented in several instances, this method can easily lead the police to focus on an innocent person from the outset of the investigation. Historically, this was a common method of criminals identification, but now, as a matter of policy, many police departments do not allow the review of booking photos as a basis for an identification. If a witness knows or believes the perpetrator is a student at a particular school, the viewing of a yearbook may be an option for identification, but this method shares many of the same concerns as with the review of mug shots.

retrieval stage

the final stage of memory during which stored information is recalled

encoding stage

the first stage of memory during which events and other stimuli are noticed

show-up identification

a method of eyewitness identification that involves a witness viewing a suspect shortly after the crime occurred.

photo lineup

a method of eyewitness identification that involves a witness viewing photos of a suspect and other subjects presented to the witness under the direction of an investigator

weapon focus effect

a phenomenon whereby witnesses tend to focus exclusively on the presence of the weapon used during the commission of a crime to the detriment of other details about the event

live lineups

- a live line up involves a witness viewing the suspect and other subjects in a setting such as a police station or jail. Usually the witness views the individuals through one way glass. Each individual may be asked to speak or to say a certain phrase ("give me all your money"). Like photo lineups, live lineups usually consist of six people- the person the police believe is the perpetrator of the crime and five others. The fillers are usually individuals who are in jail at the time the lineup is conducted. - the use of live lineups is limited due to the amount of time and effort involve in conducting them; photo lineups are generally a much easier alternative. As with show ups and photo lineups, the procedure used in conducting a live lineup can greatly affect the accuracy of the results. As a general rule, the fillers should be selected on the basis of the initial description provided by the witness; at minimum the race and gender of the fillers must be the same as the suspect. All the participants in the lineup should be similarly dressed, especially if the suspect was described by the witness as wearing certain clothing. These and other factors are considered by the courts in determining the the right to have counsel present at a live lineup, but they cannot refuse to participate, even though their participation may be incriminating.

types of information obtained from witnesses

- a multitude of information may be obtained from witnesses. Important and potentially valuable information that can be provided by eyewitnesses includes the actions of the perpetrator, the description of the perpetrator, and, most useful, the identification (or name) of the perpetrator. Other useful information may include descriptions and identifications of vehicles and stolen property. - information about the actions of the perpetrator is particularly useful in establishing his or her modus operandi (MO). In turn, this can assist the police in linking crimes to the same perpetrator and may also represent important behavioral evidence. EX: in one series of robberies, the robberies were linked to the same perpetrator (who wore different masks during them) largely due to the witnesses in the robberies reporting that the perpetrator used similar language ("This is no joke," "do you think this is a joke?"). In another EX: in a city that experienced hundred of robberies a year, several robberies were committed during which the perpetrator ordered the victims to remove their pants after he took their money. This unique MO, which was established through the statements of victims, allowed the police to link the crimes, look for similarities in the descriptions of the perpetrator provided by victims, and develop information about the geographical area in which the perpetrator was committing the crimes. When the culprit was eventually identified and arrested, the police cleared all the crimes believed to have been committed by this individual. - it is important to collect specific and detailed information about the perpetrator's actions and characteristics as this information can make a big difference in an investigation. In one gas station robbery investigation, a witness recalled that along with cash the robber also fled the store with a can of mountain dew soda. A can of mountain dew soda with the perpetrators fingerprints on it was later recovered in a garbage can located near his vehicle. - a description of the perpetrator may provide a basis for the development of a composite picture or sketch. A description may also provide enough information to jog the memory of police officers who may have seen the perpetrator or be familiar with him or her. Once a suspect has been located by the police, a witness may identify the person as the perpetrator through an eyewitness identification procedure.

show up identifications

- a show up identification, or curbside identification, involves bringing a suspect back to the scene or to the location of the witness or binging the witness to the location of a suspect to determine whether the witness can identify this person as the perpetrator of the crime. Show ups are most often conducted when the perpetrator flees the scene but is quickly apprehended by the police. Logistically, it is a simple procedure; however, show ups are quite suggestive and, as a result, may lead to false identifications. Show ups are suggestive because the single person available to be identified has already been detained by the police under suspicion of being the perpetrator of the crime. It is possible for the police to detain the wrong person. Ideally, efforts to make the show up less suggestive should be taken (the suspect should not be viewed in a police car or when handcuffed), although these efforts may raise safety and other concerns. Not surprisingly, misidentification is most likely if the detained subject is wearing clothing similar to that worn by the culprit or the subject generally resembles the culprit. - despite the potential issues associated with them, show ups may offer some advantages. With a show up, an identification is usually made quickly after the crime has occurred, so the witness's memory may be fresh. Second, the police are probably less sure the suspect is the culprit in a show up situation than in a lineup, during which the police are often looking for confirmation rather than information. As a result, there may be less pressure, subtle or otherwise, placed on the witness by the police in a show up as opposed to a lineup. This may lessen the chances of a false identification in the show up situation. The courts have generally supported the practices of show ups and have ruled that a suspect does not have the right to counsel at a show up.

Eyewitness identifications as evidence

- even with the now widespread use of video surveillance and the scientific collection and analysis of forensic evidence, there are still cases that depend heavily on eyewitness identifications as evidence. However, depending on the procedures used to collect it, eyewitness identification evidence can be one of the least reliable types of evidence in a criminal investigation. According to the Innocence project, eyewitness misidentification is a contributing factor in 71% of wrongful convictions overturned as a result of new DNA evidence. If this statistic is not troubling enough, what is even more alarming is that in many cases that were decided pre-1990s, no biological evidence (DNA) was saved that could help establish the innocence's of wrongfully convicted individuals. Clearly in spite of its potential unreliability, eyewitness identification is extremely persuasive in establishing proof. In fact, the only evidence that is more persuasive is a confession. A primary reason for the persuasiveness of eyewitness identification evidence is that witnesses often express high confidence in their judgements and in the accuracy of their identification. This confidence may be quite influential on investigators, prosecuting attorneys, judges, and juries. EX: in a case from Georgia, a sexual assault victim identified a photo of her attacker in a photo line up. "From zero to 100 percent, how sure are you?" the detective asked "I'm 120% sure" the woman answered. Well she was 120% wrong. DNA analysis led to the exoneration of willie Pete Williams for the crime. He spent nearly twenty two years in prison for a crime he did not commit. - it is essential to understand that the first problem in false identification cases is that an innocents person was considered a suspect by the police and included in an eyewitness identification procedure. It is only at that point that other mistakes could then cause the innocent person to be identified as the perpetrator. As such, investigators must critically evaluate the evidence, procedures, and reasoning that leads to the inclusion of a particular person in an eyewitness identification. If investigators are not careful, eyewitness identification methods can easily place innocent subjects at risk of false identifications, and false identifications can lead to false convictions.

the memory process and the identification task

- eyewitness identifications are heavily dependent on memory. As a result, it is important to understand some of the complexity of it. The human memory and its associated processes have been the subject of countless theories and research studies. At the simplest level, memory consists of three phases: encoding, storage, and retrieval. Sometimes the phases of memory are referred to as acquisition, retention, and retrieval. The encoding stage is when the event or other stimulus is noticed, perceived, and represented in the individuals mind. The retention stage involves the activation of a mental record of the event and the filing of the information; the information is placed into storage. Information may be stored in short term or long term memory. Longer term memory has unlimited capacity, but not all information gets transferred from short term memory to long term memory. Information that is stored in short term and long term memory is always changing; new things enter, and other things are forgotten. The retrieval stage occurs when the mental record of the event or stimulus is activated and the file is opened. Retrieval brings about recollection. - during the encoding-storage-retrieval process, many things may happen to inhibit or distort accurate memory. EX: in the encoding stage, it is impossible to notice every single detail of the incident when a crime is committed. Rather only certain dimensions of the situation, those deemed most significant, may be encoded ("i see that he has a gun, a big gun, i see that he is pointing it in my face, he is telling me to give him all my money"). If minimal attention is given to a particular dimension of a situation, it is likely that dimension will not be encoded or will be encoded inaccurately. During the retention stage, details of the event may be forgotten or be distorted by post event information in the form of other witness accounts or investigator statements. During the retrieval stage, a witness searches his or her memory and tries to recall what happened or who committed the crime. Retrieval may take the form of reporting to the police, viewing lineups, or testifying in court. At this stage the circumstances under which the retrieval occurs may affect the accuracy of the information recalled. Errors and distortions can occur at each stage of memory.

investigative tools in interviewing

- hypnosis - cognitive interview (& in contrast with the standard police interview)

development of a composite picture of the perpetrator

- pictures of suspects can be created via (1) a witness providing descriptive details of the suspects face to a police artist who draws a portrait or (2) through composite software, such as FACES 4.0. - using FACES 4.0, a technician can construct the perpetrator's face by selecting from 4,400 different facial features (head shapes, eyebrows, eyes, noses, jaw shapes, facial hair, smile lines, etc) to create a realistic-looking, almost photo quality picture. In contrast, sketch artists use their artistic skills to create a portrait of the perpetrator. While drawing methods differ among forensic artists, essentially it involves putting a witnesses description of facial features on paper. Both sketches and computer created composites depend heavily on the interview of the witness, the ability of the witness to provide accurate details, and the skill of the forensic artist or technician in creating the picture. - computer based and freestyle methods of constructing composite pictures of perpetrators both have advantages and disadvantages. According to research, one disadvantage of both methods is that witnesses who provide information for the composite picture of a suspect often perform more poorly in a subsequent lineup identifications than those who have not provided such information. Basically, the composite construction task may influence memory in a negative way. - artists can incorporate a virtually unlimited number of features into a sketch, but FACES 4.0 software is more readily available to the police than are capable artists. Both police artist drawings and FACES pictures can score high on realism and therefore are potentially useful in investigations. However, just because the pictures are realistic does not mean they are accurate. More variation generally exists in the realism of artists' pictures than in composites developed through FACES. Some artists are more skilled than others, and it shows in their sketches. - Police artists drawings and FACES pictures can be distributed via the media and to other law enforcement agencies in an attempt to identify the subject. Due to the increased frequency of video surveillance systems capturing images of crimes and criminals, however, the need for the development of composite pictures of perpetrators is decreasing. - regardless of the method used to construct a facial image, the task is fundamentally difficult for the witness. The witness must select or describe individual facial features and then the artist or technician must combine these features to produce an image of a face. The particularistic approach is not congruent with the more holistic manner in which people perceive and remember faces. - because of the likelihood that a composite picture may not accurately depict the perpetrator, some police departments are reluctant to use or disseminate them except under extraordinary circumstances. If it turns out that the composite picture does not resemble the suspect/defendant, it may work to the detriment of the police and prosecutor. The inaccurate picture may create doubt in the minds of jurors about the responsibility of the defendant for the crime, despite other evidence in the case. Another potential problem is that pictures may generate numerous false leads and contribute to an unproductive investigation, even if they do resemble the perpetrator.

methods of eyewitness identification

- there are several methods by which an eyewitness may identify a perpetrator. These methods include the following: the witness may provide information for the development of a composite picture of the perpetrator, the witness may view a single confirmatory photograph, the witness may view mug books (collections of photographs of previously arrested or detained persons) or school yearbooks, the witness may view the suspect in a show-up situation during which the suspect is detained by the police at the scene of the crime or at another place, the witness may view photographs of the suspect and others in a photo lineup or photo array, and the witness may view the suspect and others in a live lineup. - nearly all law enforcement agencies use photo lineups. These lineups are relatively easy to conduct as they do not require a suspect to be in custody. Show-up identifications are also commonly used. Composite sketches, mug shot photos, and live lineups are used relatively infrequently overall, but they are more commonly used in larger agencies than smaller ones. Larger agencies are also more likely than small ones to have polices regarding the administration of these procedures.

factors that influence the accuracy of eyewitness evidence

- weapon focus effect - yerkes-dodson law - PAGE 146-147

types of witnesses

- witnesses can be either primary or secondary depending on their knowledge about the crime. - primary witnesses have direct knowledge of the crime in question because they saw it occur or saw or heard events that occurred just before or after the crime. If someone actually saw the crime occur, he or she would be considered an eyewitness to the crime. Other primary witnesses may not have seen the crime occur but may have heard it - secondary witnesses are individuals who have information about related events that occurred before or after a crime. secondary witnesses provide critical information in many investigations that leads to the crime being discovered and/or solved. EX: in one case a woman called her physician to get an oxytocin prescription filled. The receptionist informed the woman that in order to do so she would need to make an appointment with the physician. The woman indicated she was unable to go to the doctors office because "my child died last night". The woman pleased for the prescription to be filled without an appointment. The receptionist refused. After the phone call with the woman ended, the receptionist called the police to report this strange conversation. The police also found this to be odd; they went to the woman's home and discovered the body of a dead baby. The baby had died from severe maltreatment and abuse. The woman and her boyfriend were arrested and charged with homicide.

cognitive interview info

153-154 numerous actions can discourage a thorough search of memory, including the following....

cognitive interview in contrast with the standard police interview

154-156

other guidelines for conducting police interviews

156-157

live lineup

a method of eyewitness identification that involves a witness viewing a suspect and other subjects in a controlled setting under the direction of an investigator

photo lineups

a photo lineup is used when investigators have evidence to believe a particular individual is the culprit in a particular crime. With a photo lineup, a photo of the persons who investigators believe is the culprit is shown to a witness, along with usually five or six others who have characteristics consistent with the description provided by the witness (these other photos are referred to as fillers, foils, or distractors). Witnesses may be shown individual photographs one at a time ( a sequential lineup) or the photos may be shown at the same time ( a simultaneous lineup). The witness is typically provided instructions to take a good look at each of the photographs and to indicate whether any individual included in the lineup is the person who committed the crime. If a photo is selected, then the witness may be asked why this photo was selected and how confident he or she is that the person identified is actually the culprit. This process is sort of like a multiple choice test, whereas the development of a composite picture is more like an essay test. The procedures used in constructing and conducting a photo lineup can greatly affect the accuracy of the results. Similar to show ups, a suspect does not have the right to counsel at a photo lineup procedure.

eyewitnesses

a witnesses who personally saw the crime occur

modus operandi (MO)

also referred to as method of operation, the manner in which the perpetrator committed the crime

hypnosis

an altered state of consciousness characterized by increased responsiveness to suggestion. Intended to stimulate a witness's memory, it is infrequently used in criminal investigations today

cognitive interview

an approach to investigative interviewing designed to elicit accurate details from a witness's memory based on deep concentration

investigative interviews

an investigative interview can be defined as any questioning that is intended to produce complete and accurate information with regard to a particular crime or person believed to be responsible for a crime. Interviews are usually nonaccusatory and are conducted to develop information to move a criminal investigation forward. - in some cases, depending on the information obtained in an interview, the person being interviewed may come under suspicion as a suspect. In this instance the focus of the police questioning may change in order to obtain incriminating statements. Investigators must remember that at the time of an initial interview, the persons involvement in the crime may not be clear.

investigative interview

any nonaccusatory questioning of a person, usually a witness, intended to produce information about a crime or a perpetrator

confirmatory photograph

if the witness knows the identity of the perpetrator, the police may show a single photograph to the witness to confirm the perpetrators identity. The showing of a single photograph for identification purposes in any other circumstances should be avoided.

relative-judgement process

in a lineup situation, the tendency of a witness to identify the person who most closely resembles the perpetrator, even though that person might not actually be the perpetrator

confabulation

inaccurate information that may be produced as a result of hypnosis

simultaneous lineup

lineup procedure whereby subjects are viewed by a witness all at the same time

sequenial lineup

lineup procedure whereby subjects are viewed by a witness individually, one at a time

guidelines for the collection of eyewitness evidence

page 147- - five criteria to be considered in determining the accuracy of an eyewitness identification of a suspect. These criteria are: the eyewitness's opportunity to view, the attention paid by the eyewitness, the accuracy of the witness's preliminary description of the culprit, the certainty of the eyewitness, and the amount of time between the event and the attempt to identify. - relative judgement process - sequential lineup - guideline #1: the persons who conducts the lineup or photo spread should not be aware of which member of the line up or photospread is the suspect - guideline #2: eyewitnesses should be told explicitly that the person in question might not be in the line up or photo spread and therefore should not feel that they must make an identification. They should also be told that the person administering the lineup does not know which person is the suspect in the case. - guideline #3: the suspect should not stand out in the lineup or photo spread as being differnt from the distractors based on the eyewitness's previous description of the culprit or based on other factors that would draw attention to the suspect. - guideline #4: a clear statement should be taken from the eyewitness at the time of the identification and prior to any feedback as to his or her confidence that the identified person is the actual culprit

hypnosis info

page 152-153

yerkes-dodson law

the principle that fear and stress improve eyewitness performance up to a certain point but the become counterproductive

retention stage

the second stage of memory during which information is placed in memory

primary witnesses

witnesses who have direct knowledge of a crime or perpetrator

secondary witnesses

witnesses who have information about events that occurred before or after a crime