25. Fundamental Fairness Flashcards
The constitution commands officers to use FAIR METHODS to identify criminals. What is the term used?
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.
Failure to follow the SJC eyewitness protocol may result in what?
Suppression of the identification.
What should officers obtain prior to an identification procedure?
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.
Officers get the most accurate information when they use this type of interview style. What is it?
Cognitive
Is hypnotically aided testimony admissible in Massachusetts?
No, it is inadmissible.
When is the only time officers may dispense with using an ID procedure?
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.
Why should you not comment on the accuracy of a victim/witness identification of a suspect?
Because it could contaminate their selection because they can’t remember whether their identification is the product of their actual memory or police comments.
In this age of social media, it is important to investigators to tell witnesses not to do this:
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.
What is one benefit of a reasonably detailed description?
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.
True or False?
An officer may later testify to observing an eyewitness identify the defendant.
True, this is especially important to counteract a victim/witness who forgets or RECANTS their ID.
What is critical for officers to do during any ID procedure?
It is critical that they carefully document the procedure.
DOCUMENT
DOCUMENT
DOCUMENT
What is the most frequently used type of police ID procedure?
A show-up.
What are the benefits of a show up?
- Fresh recollection
- 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.
With this level of information, how many hours following a crime should officers arrange a show up?
Reasonable suspicion, 2 hours following a crime. However, certain circumstances can extend this.
What are things an officer must do to prepare their witness?
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.
What is the preferred method when transporting witness and detaining?
Ideally transport the witness (the one who’s free) to the area where the suspect is being detained (the one who’s not free).
Avoid telling the witness where the suspect was found, or the what he said, or did/did not say anything suspicious.
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).
What is a field view? (type of eyewitness evidence)
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)
What is the timeframe for a field view?
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.
Field view tips:
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.
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?
Received prior permission from the prosecutor.
For a field view, where do you go to conduct this procedure?
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.
As soon as an identification occurs, what do you ask the witness?
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.
Photo or live lineups are composed in exactly the same way.
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
