Bakersfield College Department of Criminal Justice Dr. Charles Feer

1. Lineups, Show-ups and Such Bakersfield CollegeDepartment of Criminal JusticeDr. Charles Feer

2. Investigator’s Best Evidence • Video – • 3 Camera Angles

4. Investigator’s Best Evidence • Confession – • Fully detailed

6. In-Field Show-up • Crime Occurs, • Suspect is Detained shortly thereafter • Witness is taken to location of detention • Witness Advised may or may not be the perpetrator.

7. In-Field Show-up • The show-up is as much to eliminate suspects as it is to ensure you have the perpetrator.

8. Photographic Identification • Photo Lineup, or • Array • Using Suspect’s description from victim/witness • Organize a set of six photos. • Suspect is one of them • Show to each witness individually

9. Photographic Identification • Advise: suspect may or may not be in photos. • Have witness indicate on a copy, in their own writing – if they select a photo. (i.e. Initials, sign their name and date.) • Suggestion is to have the investigator showing the array, not know which is the suspect.

10. Photographic Identification • Police used to show witnesses a sheet of photos and ask them to pick out the criminal, but detectives are now handing the photos to witnesses one at a time. Research shows this approach is more accurate. It encourages the witness to decide whether he saw the person in each picture, rather than "comparison shopping" and picking the picture that most closely resembles the person he saw

11. Lineups • Based on witnesses suspect description, • Height • Weight • Hair color • Physical Characteristics • Marks, Scars, Tattoos

12. Lineups • Have an officer who doesn't know the identity of the suspect in charge of conducting the lineup, (borrowing a well-known technique from scientific experiments). • Have witnesses view individually. • Have all in the line-up engage in the same behavior, walking, talking. • Not Suggestive (Running Scarred)

13. Constitutional Protections • No real requirements for Photo-Id. • Show-ups and Line-ups depend if the suspect has been formally charged. • If charged, Attorney is required to be present unless waived. (6th Amendment.) • If suspect does not have or cannot afford an attorney, one will be appointed by the court.

14. Constitutional Protections • There is no 5th Amendment issue as the Supreme Court has ruled that show-ups, lineups are not “testimonial”

15. Other forms of Identification • Speech • Hair • Blood • Handwriting • Fingerprints • D.N.A.

16. WARNING • Do NOT Implicate or Suggest to a witness!

17. Eyewitnesses • Crime victims are often quite poor at accurately remembering what a criminal looked like. • According to the Innocence Project at the Cardozo School of Law at Yeshiva University in New York, of the 157 people nationwide it has helped exonerate through DNA evidence, nearly 80 percent were convicted based on eyewitness identifications.

18. Eyewitnesses • AP file photo • Ronald Cotton, right, is shown in this 1984 police photo. Cotton was convicted of the rape of Jennifer Thompson, but DNA testing eventually showed the real rapist was Bobby Poole, shown at left

19. The End