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Review slides 48 to 142 of the Eyewitness Evidence: A Guide for Law Enforcement slide show on the National Criminal Justice Reference Service website.Research the best practices to be used by police when conducting suspect identifications. You are to deal with. the three main methods of having a witness identify a suspect and the different methods these procedures can be run.Write a 350- to 700-word summary of your discussion.You must use the slide show mentioned above as at least one of your sources. Show me that you actually watched this slide show.Format your summary consistent with APA guidelines.
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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.)
14
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.
19
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.
21
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.
25
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.)
28
Conducting the Interview (cont.)
Principle 1:
Social Dynamics Between
the Interviewer and Witness
5
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.)
30
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.
42
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).
43
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.
46
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.
50
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).
51
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.
53
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.”
58
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.
59
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.
60
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.
62
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.
63
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.
64
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.
65
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.
66
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.
67
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.
69
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.
70
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.
71
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.
72
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.
73
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.
74
Section V.
Procedures for Eyewitness
Identification of Suspects
75
Video Clip 1
(To view video, roll mouse over video screen. Video is not accompanied by sound.)
76
A. Composing Lineups: Photo Lineup
Procedure: In composing a photo lineup, the
investigator should—
1. Include only one suspect in each
identification procedure.
77
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
79
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
80
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.
81
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.
86
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 o …
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