25. Fundamental Fairness

Question 1

The constitution commands officers to use FAIR METHODS to identify criminals. What is the term used?

Answer 1

UNNECESSARILY SUGGESTIVE

They may not employ “unnecessarily suggestive” procedures that risk implicating in innocent person.

A court only rejects an identification, if it is unnecessarily suggestive.

Question 2

Failure to follow the SJC eyewitness protocol may result in what?

Answer 2

Suppression of the identification.

Question 3

What should officers obtain prior to an identification procedure?

Answer 3

A DETAILED DESCRIPTION. This prevents defense attorneys from suggesting that they or the witness Taylor their description after the fact to a correspond to the suspect selected.

Question 4

Officers get the most accurate information when they use this type of interview style. What is it?

Answer 4

Cognitive

Question 5

Is hypnotically aided testimony admissible in Massachusetts?

Answer 5

No, it is inadmissible.

Question 6

When is the only time officers may dispense with using an ID procedure?

Answer 6

When a witness is personally familiar with a suspect. If this is the case, it makes no sense to have them go through the motions of the identification procedure.

Question 7

Why should you not comment on the accuracy of a victim/witness identification of a suspect?

Answer 7

Because it could contaminate their selection because they can’t remember whether their identification is the product of their actual memory or police comments.

Question 8

In this age of social media, it is important to investigators to tell witnesses not to do this:

Answer 8

Not to engage in independent Web research.

Do not google shit.

Instead, suggest that this is only provide new information to police who condensed structure further investigation.

Question 9

What is one benefit of a reasonably detailed description?

Answer 9

It helps create REASONABLE DESCRIPTION and avoids claims of POLICE BIAS (example is the Cambridge police arresting a black man on the T who fit a pretty good description and in the report, they mention how they passed many African-Americans in the train on their way to their suspect because the description was very adequate.

Question 10

True or False?

An officer may later testify to observing an eyewitness identify the defendant.

Answer 10

True, this is especially important to counteract a victim/witness who forgets or RECANTS their ID.

Question 11

What is critical for officers to do during any ID procedure?

Answer 11

It is critical that they carefully document the procedure.

DOCUMENT
DOCUMENT
DOCUMENT

Question 12

What is the most frequently used type of police ID procedure?

Answer 12

A show-up.

Question 13

What are the benefits of a show up?

Answer 13

1. Fresh recollection
2. Efficient procedure

The witnesses recollection is fresh in the immediate aftermath of a crime.

They are also easy to arrange and promote efficient police work by enabling officers to quickly determine whether they have detained the perpetrator or an innocent person.

Question 14

With this level of information, how many hours following a crime should officers arrange a show up?

Answer 14

Reasonable suspicion, 2 hours following a crime. However, certain circumstances can extend this.

Question 15

What are things an officer must do to prepare their witness?

Answer 15

Get a DETAILED DESCRIPTION of the suspect from EACH of the witnesses BEFORE the show-up!

Keep witnesses separate.

Read pre-section instructions to each witness from a show up and field view witness instructions card.

Question 16

What is the preferred method when transporting witness and detaining?

Answer 16

Ideally transport the witness (the one who’s free) to the area where the suspect is being detained (the one who’s not free).

Question 17

Avoid telling the witness where the suspect was found, or the what he said, or did/did not say anything suspicious.

Answer 17

Present each suspect separately to each witness.

Remove suspect from cruiser. (Suggestive to leave him in their)

Position, suspect witness does not see cuffs

Avoid having officers surround or hold the suspect when he’s presented to the witness

OK to use flashlight or take down lights to illuminate suspect

Present the suspect, as you find him do not add or remove clothing (Unless he removes it in front of you ex. bad guy who keeps moving his hat around).

Question 18

What is a field view? (type of eyewitness evidence)

Answer 18

Police arrange a witness to view a group of people, in which they expect to suspect to appear, in a PUBLIC PLACE.

This is more like a lineup than a show-up because the witness is looking at more than one person. (MULTIPLE PEOPLE IN THE FIELD)

Question 19

What is the timeframe for a field view?

Answer 19

Unlike a show-up (which is two hours) a field view may occur well after the commission of a crime. (No time constraint).

Also, reasonable suspicion is unnecessary. Officer simply bring the witness to a location where the suspect has chosen to be so there is no need to detain a suspect based on reasonable suspicion.

Question 20

Field view tips:

Answer 20

Properly done, it is the equivalent of a live lineup, so it may occur well after the commission of a crime.

Public location, and nobody is detained. reasonable suspicion not required to conduct it.

With multiple witnesses officer should consider using the procedure to establish pro cost to arrest, then use the photo/live lineup with the remaining witnesses.

Question 21

Whenever the police intend to use a defendant’s judicial proceedings as an opportunity for a witness from an unrelated incident to see him they should always seek permission through whom?

Answer 21

Received prior permission from the prosecutor.

Question 22

For a field view, where do you go to conduct this procedure?

Answer 22

Get a detailed description of the suspect from each witness before the field view

Keep them separate

Pre-selection instructions, then….

You go to an area with at least several individuals WHO LOOK LIKE the suspect.

Question 23

As soon as an identification occurs, what do you ask the witness?

Answer 23

Without using a numerical scale, how certain are you?

Avoid providing any feedback or encouragement.

Numerical scales are discouraged because they tend to automatically implied doubt when there may be none on the part of the witness.

It is most useful to hear the witnesses verbal reaction, not their attempts to quantify certainty.

Thank the witness remind them not to talk with other witnesses or the media.

Provide your contact information so he can call when (not if) he remembers anything else.

File your report.

Question 24

Photo or live lineups are composed in exactly the same way.

Answer 24

Get a detailed description of the suspect from each witness before the lineup

Include only one suspect in each procedure

Select fillers (non-suspects) who generally fit the witness description of the perpetrator.

Complete uniformity of features is not required

A distinguishing feature is only acceptable when it has no influence on the witness

Question 25

Are mugshots considered suggestive?

Answer 25

It depends, mugshots imply the existence of a prior record. Police must minimize prejudice by masking the signs that the photos are mugshots if they are used (example, removing height, scales, chest plates, or other names or numbers in the photo).

Question 26

How many total photos does a lineup have?

Answer 26

8, unless exigent circumstance justify presenting a reduced number.

Question 27

When showing a new suspect avoid reusing this:

Answer 27

All the fillers in lineup previously shown to the same witness. It is good to reuse a FEW fillers.

Double check and make sure distinctive features of the suspect does not stand out (remove eyeglasses if only one guy is wearing them).

Question 28

True or False?

Position your suspect RANDOMLY when using multiple witnesses in the same case, or when having your suspect appear in a lineup concerning several cases.

Answer 28

True

Question 29

What is the term for the critical flaw with SIMULTANEOUS photo lineups that the witness tends to engage in?

Answer 29

RELATIVE JUDGEMENT

Question 30

What method does the criminal procedure book recommend when conducting lineups, sequential or simultaneous?

Answer 30

He recommends the use of the SEQUENTIAL method, and if practical video or audio record the entire procedure.

Question 31

This procedure means that the officer administering the identification procedures does not know the desired answer. In other words the officers are NOT aware which photo or person displayed is the suspect.

This eye witness protocol is also required and was adopted by the SJC for photo and live lineups.

Answer 31

BLIND PROCEDURE

This procedure eliminates the possibility that witness will be unintentionally influence.

Have another officer unconnected with the case, put together the lineup or photo lineup .

Could also use the folder shuffle strategy for the photo lineup .

Question 32

The administrator must properly present the photographs or individuals to the witness. What is the preferred practice? (several steps):

Answer 32

Present one at a time. DO NOT show photos side-by-side.

If a witness asked to look at a photo or participant again, show her the entire lineup one more time.

As soon as identification occurs, ask the witness without using a numerical scale. How certain are you?

Have the winner, sign and date, the chosen and preserve all other photos and lineup for court.

Avoid reporting any information about the individual selected

Thank the witness tell them not to talk to other witnesses or the media and provide contact information so he can call “when” he remembers anything else.

Question 33

For eyewitness identification procedures involving photographs, NEVER do this:

Answer 33

Keep the suspect photo in the SAME POSITTION when displaying the same series of photos to multiple witnesses.

Question 34

Officers must have good reason for showing a photo lineup a second time.

Answer 34

Tell the person I can only show you the entire group one more time. There will be no third showing.

Question 35

The use of plain clothes police officers in a field view in Massachusetts, is technically considered what type of eyewitness identification?

Answer 35

Show up. Even though three people were shown Massachusetts courts have recognized similar identification procedures, using plain police officers in the field that show ups.

Question 36

List three benefits of using a field view:

Answer 36

1. Equivalent to a lineup
2. No time constraints.
3. Reasonable suspicion unnecessary

Question 37

Does a police lineup need to be perfect?

Answer 37

No, it just has to be a fair assembly of persons.

Question 38

Detective Macdermott is creating a photo line up of a sexual assault case. One thing he wants to remember when selecting fillers is this?

Answer 38

Select people who match the witness description of the offender.

Question 39

It is recommended that when conducting an identification procedure involving photographs, when a witness description is an inadequate you do this:

Answer 39

Select fillers that match your suspect in several significant features.

Question 40

A grand jury ORDER for an individual to participate in a lineup can only be done when evidence presented by the police amounts to this level of information:

Answer 40

Reasonable Suspicion

Question 41

May a court order the defendant to change his appearance for a lineup after he deliberately alters his appearance?

Answer 41

Yes, the prosecutor may request this.

Question 42

Can a single photograph be shown when there is a concern for public safety?

Answer 42

Yes, and for this purpose, public safety may involve a nonviolent crime.

Question 43

True or False?

A photo lineup may not be necessary when the victim knows the suspect.

Answer 43

True

Question 44

A single photo may be used to any situations:

Answer 44

From suspect known by victim

Learn whether witness recognizes person

Confirm suspect who sold drugs to undercover officer.

Question 45

Can a suspect be identified by voice?

Answer 45

Yes, a witness should typically request this procedure.

This procedure should be conducted as close in time as possible to the crime.

The witness should not see the speaker
Do not have the suspect repeat the crime phrase

Question 46

When using digital imaging systems, (a.k.a. mug books), how do you describe the system to the witness?

Answer 46

As collection of images…

Question 47

Composite sketches should never be completed by more than one witness at a time.

Answer 47

A composite sketch is a very helpful tool however, it may not by itself provide probable cause to charge a suspect.

Question 48

Who wears the burden of demonstrating by a preponderance of the evidence that the police ID procedure was unnecessarily suggestive?

Answer 48

Initially, it is the defendant.

Question 49

What is the prosecution’s only recourse to prove by clear and convincing evidence that the witnesses ability to identify the defendant has an independent source?

Answer 49

To convict, the jury must be persuaded beyond a reasonable that the defendant was correctly identified as the perpetrator

If the quarter degree is the witness is allowed to identify the event during the trial if not, the case is dismissed whether an independent source exist depends on the courts evaluation of six factors spelled out below:

Opportunity
Accuracy
Time
Certainty
Suggestive influence
Mistake

Question 50

The SJC now limits in court identifications

Answer 50

Police officers and witnesses are no longer automatically allowed to identify the defendant during their testimony. It just means that sound field procedures are increasingly important and scrutinize when it comes to identifying perpetrators.