1/13/2014 Georgia Public Safety Training Center Forsyth, Georgia Eyewitness Identification Georgia Public Safety Training Center 1000 Indian Springs Drive

04/10/23Georgia Public Safety Training

Center Forsyth, Georgia

Eyewitness IdentificationEyewitness Identification

Georgia Public Safety Training Georgia Public Safety Training CenterCenter

1000 Indian Springs Drive1000 Indian Springs Drive

Forsyth, GA 31029Forsyth, GA 31029



Witness Identification Accuracy Witness Identification Accuracy Enhancement Act Enhancement Act

A ResolutionA Resolution

Title 35 of the Official Code of Title 35 of the Official Code of Georgia Annotated, Chapter 1Georgia Annotated, Chapter 1

Title 17 of the Official Code of Title 17 of the Official Code of Georgia Annotated, Chapter 4Georgia Annotated, Chapter 4












TERMSTERMS

PEACE OFFICERPEACE OFFICER



TERMSTERMS

IN-SERVICEIN-SERVICE



TERMSTERMS

SUSPECTSUSPECT



TERMSTERMS

ADMINISTRATORADMINISTRATOR



TERMSTERMS

NEUTRAL INDEPENDENT NEUTRAL INDEPENDENT ADMINISTRATORADMINISTRATOR



TERMSTERMS

SIMULTANEOUS SIMULTANEOUS IDENTIFICATIONIDENTIFICATION



TERMSTERMS

SEQUENTIAL IDENTIFICAIONSEQUENTIAL IDENTIFICAION



TERMSTERMS

SHOWUP SHOWUP



TERMSTERMS

PHYSICAL LINEUPPHYSICAL LINEUP



TERMSTERMS

PHOTOGRAPHIC LINEUPPHOTOGRAPHIC LINEUP



TERMSTERMS

FILLERFILLER



Georgia Peace OfficersGeorgia Peace Officers

OCGA Title 35-8-9OCGA Title 35-8-9

Basic course of instructionBasic course of instruction



Georgia Law Enforcement HandbookGeorgia Law Enforcement HandbookCriminal Law & ProcedureCriminal Law & Procedure

Chapter 6, Pre-Trial Chapter 6, Pre-Trial IdentificationIdentification







Pre-Trial IdentificationPre-Trial Identification

Chapter 6-4 Lineups Chapter 6-4 Lineups (Physical Lineup)(Physical Lineup)





Chapter 6-4 Lineups Chapter 6-4 Lineups (Physical Lineup)(Physical Lineup)





Chapter 6-5 ShowupsChapter 6-5 Showups








Chapter 6-6 Picture Chapter 6-6 Picture Identification (Photographic Identification (Photographic Lineup)Lineup)








Chapter 6-7 Presence of Chapter 6-7 Presence of counselcounsel






Interviewing EyewitnessesInterviewing Eyewitnesses

INTERVIEWING INTERVIEWING



Interviewing EyewitnessesInterviewing Eyewitnesses

INTERVIEWING INTERVIEWING



Witness IdentificationWitness Identification

PreparationPreparation

PresentationPresentation

PreservationPreservation




Preparation & PresentationPreparation & Presentation

ShowupsShowups




Preparation Preparation

ShowupsShowups




Presentation Presentation

ShowupsShowups




Preservation Preservation

ShowupsShowups




Preservation Preservation

ShowupsShowups




PreparationPreparation

Physical lineupsPhysical lineups

Photographic lineupsPhotographic lineups



PREPARATIONPREPARATION

Composing LineupsComposing Lineups

Legal considerations Legal considerations





Include only one suspect in Include only one suspect in each identification procedureeach identification procedure





Include at least five fillersInclude at least five fillers





Select fillers who generally fit Select fillers who generally fit the witness’s description of the the witness’s description of the perpetrator. perpetrator.





Complete uniformity of Complete uniformity of features in not requiredfeatures in not required





Place suspects in different Place suspects in different positions in each lineup. positions in each lineup.





When showing a new suspect, When showing a new suspect, avoid reusing fillers in lineups avoid reusing fillers in lineups shown to the same witness shown to the same witness





Ensure that no writings are Ensure that no writings are markings concerning previous markings concerning previous arrest (s) will be visible to the arrest (s) will be visible to the witness witness





View lineup once completed to View lineup once completed to ensure that the suspect does ensure that the suspect does not unduly stand out. not unduly stand out.





Preserve the presentation Preserve the presentation orderorder










Neutral Independent Administrator Neutral Independent Administrator









PRESENTATIONPRESENTATION


Prior to beginning a physical Prior to beginning a physical lineup, the administrator should lineup, the administrator should instruct all those present not to instruct all those present not to suggest in any way the position suggest in any way the position or identity of he suspect in the or identity of he suspect in the lineuplineup





Advise the witness that he/she Advise the witness that he/she will be asked to view a group of will be asked to view a group of individualsindividuals





Advise the witness that he/she Advise the witness that he/she does not have to make an does not have to make an identification, and the identification, and the identification procedure is identification procedure is important to the investigation important to the investigation whether or not an identification whether or not an identification is madeis made





Advise the witness that it is just Advise the witness that it is just as important to clear innocent as important to clear innocent persons from suspicion as to persons from suspicion as to identify guilty partiesidentify guilty parties





Advise the witness that the Advise the witness that the individuals depicted in the physical individuals depicted in the physical lineup may not appear exactly as lineup may not appear exactly as the witness observed on the date of the witness observed on the date of the crime because features such as the crime because features such as hairstyles and facial hair are subject hairstyles and facial hair are subject to changeto change





Advise the witness that the Advise the witness that the perpetrator may or may not be perpetrator may or may not be among those shown in the among those shown in the physical lineupphysical lineup





Advise the witness that Advise the witness that regardless of whether an regardless of whether an identification is made, law identification is made, law enforcement will continue to enforcement will continue to investigate the crimeinvestigate the crime





Confirm that the witness Confirm that the witness understands the lineup understands the lineup procedureprocedure





Advise the witness not to Advise the witness not to discuss the identification discuss the identification procedure or its results with procedure or its results with other witnesses involved in the other witnesses involved in the case and discourage contact case and discourage contact with the mediawith the media




ADVISORY STATEMENTADVISORY STATEMENT

Physical lineupPhysical lineup








If an identification is made, If an identification is made, advise the witness to give advise the witness to give feedback in his/her own words feedback in his/her own words regarding his/her level of regarding his/her level of confidence at the time of the confidence at the time of the identificationidentification




Simultaneous v SequentialSimultaneous v Sequential





Simultaneous Simultaneous





Simultaneous Simultaneous

Presenting the IndividualsPresenting the Individuals





SequentialSequential






Presenting the IndividualsPresenting the Individuals




Photograph lineupsPhotograph lineups

Advise the witness that he/she Advise the witness that he/she will be asked to view a group of will be asked to view a group of photographsphotographs





Advise the witness that he/she Advise the witness that he/she does not have to make an does not have to make an identification, and the identification, and the identification procedure is identification procedure is important to the investigation important to the investigation whether or not an identification whether or not an identification is madeis made





Advise the witness that it is just Advise the witness that it is just as important to clear innocent as important to clear innocent persons from suspicion as to persons from suspicion as to identify guilty partiesidentify guilty parties





Advise the witness that the Advise the witness that the individuals depicted in the physical individuals depicted in the physical lineup may not appear exactly as lineup may not appear exactly as the witness observed on the date of the witness observed on the date of the crime because features such as the crime because features such as hairstyles and facial hair are subject hairstyles and facial hair are subject to changeto change





Advise the witness that the Advise the witness that the perpetrator may or may not be perpetrator may or may not be among those shown in the among those shown in the photograph lineupphotograph lineup





Advise the witness that Advise the witness that regardless of whether an regardless of whether an identification is made, law identification is made, law enforcement will continue to enforcement will continue to investigate the crimeinvestigate the crime





Confirm that the witness Confirm that the witness understands the lineup understands the lineup procedureprocedure





Advise the witness not to Advise the witness not to discuss the identification discuss the identification procedure or its results with procedure or its results with other witnesses involved in the other witnesses involved in the case and discourage contact case and discourage contact with the mediawith the media





Photograph lineupPhotograph lineup








If an identification is made, If an identification is made, advise the witness to give advise the witness to give feedback in his/her own words feedback in his/her own words regarding his/her level of regarding his/her level of confidence at the time of the confidence at the time of the identificationidentification





SimultaneousSimultaneous











Presenting the photographsPresenting the photographs




PreservationPreservation

Showups Showups





PRESERVATIONPRESERVATION

Documenting Identification Documenting Identification ResultsResults

Document both identification and Document both identification and non-identification results non-identification results including the witness’s own including the witness’s own words regarding how sure he/she words regarding how sure he/she is.is.





Ensure results are signed and Ensure results are signed and dated by the witnessdated by the witness





Ensure that no materials Ensure that no materials indicating previous identification indicating previous identification results are visible to the witnessresults are visible to the witness





Ensure that the witness does not Ensure that the witness does not write on or mark materials that write on or mark materials that will be used in other will be used in other identification proceduresidentification procedures




LINEUPSLINEUPS

Document any identification Document any identification results and witness’s statement results and witness’s statement of certaintyof certainty



PRESERVATIONPRESERVATION LINEUPSLINEUPS

Document the lineup Document the lineup Identification of lineup participants Identification of lineup participants

and sources usedand sources used Names of all persons present Names of all persons present Date and time the procedure was Date and time the procedure was

conductedconducted




PHYSICAL LINEUPSPHYSICAL LINEUPS

Documenting the participantsDocumenting the participants







LINEUPSLINEUPS

Document the lineup by photo or Document the lineup by photo or video whenever possiblevideo whenever possible




LINEUPSLINEUPS

Advise the witness not to discuss Advise the witness not to discuss the identification procedure or its the identification procedure or its results with other witnesses results with other witnesses involved in the case and involved in the case and discourage contact with the discourage contact with the mediamedia







FOLLOW UPFOLLOW UP



AGENCY POLICYAGENCY POLICY



IDENTIFICATION DISPLAY FOLDERIDENTIFICATION DISPLAY FOLDER

Documents

1/13/2014 Georgia Public Safety Training Center Forsyth, Georgia Eyewitness Identification Georgia Public Safety Training Center 1000 Indian Springs Drive