Blind Sequential Lineup Reform

1. Blind SequentialLineup Reform October 2009

2. DNA Exonerations Almost all due to mistaken eyewitness ID when police had wrong suspect

3. Did law enforcement methods contribute to mistaken eyewitness ID?

4. Traditional law enforcement ID procedure • Simultaneous display of photos (usually 6) • Lineup created and presented by investigator with knowledge of case • Knows who suspect is • Often has developed rapport with W

5. The Problem: What if the person police suspect is not the perpetrator? What if police are wrong? Then police belief they have right person can taint ID.

6. Scientific Evidence: 70 Studies 1985-2007 • Compared simultaneous to sequential photo lineups • In perpetrator-absent lineups (like DNA exoneration cases), mistaken eyewitness IDs drop sharply if photos displayed sequentially • Some reduction in correct IDs when photos displayed sequentially • Slight risk of failure to ID when perpetrator present outweighed by significant risk of mis-ID if perpetrator is absent

7. Terminology: • “Blind”- administrator of test does not know who the suspect is; W knows administrator doesn’t know • “Blinded” - administrator knows who suspect is but test is administered in such a manner that administrator cannot see which photo W is viewing and does not know order; W knows administrator does not know order • “Nonblind” – administrator knows who suspect is and can see which photo W is viewing; W knows administrator knows who suspect is

8. Problems with traditional nonblind simultaneous procedure • W wants to help & will look to investigator for cues or validation (especially if good rapport) • Even most experienced professional who knows ID of suspect cannot eliminate all possibility of unintentional cues • This is not a question of doubting officer integrity but human nature—a cue could be as simple as body language or eyes lighting up • Simultaneous display encourages “relative judgment”

9. What is “relative judgment”? Picking the person who looks most like the perpetrator (regardless of whether it is the perpetrator)

10. The flaw in simultaneous displays is that it encourages comparing and guessing Picking the person who looks most like the perpetrator is 100% wrong if perpetrator is not in lineup (i.e., if police suspect the wrong person)

11. The flaw in nonblind displays is the possibility of investigator influence Blind administration eliminates this as an issue

12. Essential Components of Lineup Reform • Sequential photo display • Blind or blinded administration

13. Blind (Independent) Administration Someone other than an investigator who knows the identity of the suspect shows the lineup

14. Blind (independent) administration is the preferred route—and will be easier than you think!

15. Alternative: Blinded Administration(functional equivalent of blind) If only investigator who knows ID of suspect is available to do lineup, he must do so in a manner that ensures he does not know and cannot see where suspect is—and witness must know he does not know order

16. Alternative Methods for Blind Sequential Lineups • Folder method (number photos; place each in separate folder with same number) • If blind administrator, investigator may prepare folders • If blinded procedure used, someone other than investigator who shows lineup must prepare folders • 6-in-a-box method • Laptop • Future: Lineup software linked to M-RAP and police records

17. Basics of Blind Sequential Lineups:Instructions to Administrator • Show only one photo at a time; remove from view before next photo is shown • After W has looked at each photo, ask “Is this the person who [state act committed]?” • If no, go to next photo and repeat • If yes, ask “How certain are you of your selection?” Continue showing rest of photos • Note all comments made about any photo • If W asks for repeat, show all photos (in same order) • Keep track of number of cycles

18. Scientific Evidence: After 2 cycles, there is a sharp drop-off in reliability of identification No criminal charge should be based on ID requiring more than 2 cycles

19. Basics of Blind Sequential Lineups:Instructions to Witness • Person who committed crime may or may not be included • I do not know if any person being investigated is included (blind) or I do not know the order of photos (blinded) • I will continue to show you all photos even if you ID someone • A photo may be an old one; some things like hair style can change; skin tones may look different in photos • Do not feel you have to make an ID; it is just as important to clear innocent as ID guilty; investigation will continue regardless • You will see only 1 photo at a time; they are in no particular order; take as much time as you need • Do not discuss procedure with any other W

20. Basics of Blind Sequential Lineups:Instructions to Administrator if ID made • Ask “How certain are you of your selection?” (write answer verbatim) • Document any physical or emotional reaction • Do not give W any feedback on ID (such as “good job” or “that’s who we thought it was” (doing so will artificially inflate W’s level of confidence) • Continue showing remaining photos

21. Basics of Blind Sequential Lineups:Record of Lineup • Preserve copy of photos shown in order (simultaneous 6-pack template works well) • If ID made, have W sign photo picked • Report should include: • Whether blind or blinded method used • Instructions given to W • Results of lineup • If ID made, answer to level of certainty Q

22. After ID procedure, investigator who knows ID of suspect may conduct follow-up interview May elicit further detail on any ID made; may not tell W if “right” person picked; just say investigation ongoing

23. Eyewitness identification will continue to be an important component of criminal investigations.

24. Making these changes will improve our confidence—and the jury’s confidence—in the quality of eyewitness ID.