identification evidence. Flashcards
dangers of eyewitness identification.
cross racial identification
mistakes witnesses.
misleading confidence
deliberate lies
fleeting glimpses
perception memory of violent situations
requirement for id procedure.
s.3.12 procedure shall be held if the suspect disputes being the person the eyewitness identified on previous occasion unless
a- not practical
b-would not assist in the identification no useful purpose in proving or disproving with subject was involved.
r v Forbes.
the police drove the victim around the streets and they made an identification of the person.
dont need to apply a identification code if there in an unequivocal identification on the street.
discretion to exclude under s.78 if admitted judge to explain to jury they should consider effect
the judge did not do this here didn’t render a unfair trial.
methods of identification
pace code d.3.4
video idenfication
group identification
identification parade
unless
not practical
idenfication parade is more suitable
suspect must be told of right to legal advice.
advantages of video evidence.
can be edited eg to wear glasses ect.
moving images give more than one angle
8 frames needed
less stressful for the witness
less chance of the suspect appearing visibly nervous.
less risk of choosing the best of a bad lot.
can see repeatedly.
turnbull 1977.
judge should warn for special need for caution in relying on identification evidence
explain that confident witnesses can be mistaken.
fleeting glimpses ect.
tell the jury the circumstances eg the light how long ect
crown court compendium. 15-1
conditions
how long saw face for
disruption in the interaction
distance
state of light ect
if witness had ever seen d before
similarity between the description and the witness.
had they met before
did they know each other
warnings to jury crown court compendium.
even if the witness knows the defendant they may be wrong
more than one witness can be wrong
need for caution
honest witness can be wrong
confident witness can be wrong.
suspect witnesses.
warning to treat someone with caution if some evidence is unreliable.
- accomplices or co defendants.
-mental or bad character disorders.
-tainted by improper motive
eg Daniels 2011.
lies
r v Lucas discression to be given in any case where prosecution relies on defendants lied to support its case.
where d relied on false alibi.
Where lie used to corroborate other evidence
Where prosecution rely on a lie as to separate and distinct issue as evidence of guilt eg false explanations of presence at scene
jury should be reminded that people lie at times.
motivated by guilt of fear of the truth.
must be shown to be a lie by other evidence.
direction must include
Lie must be admitted or proved to be beyond reasonable doubt.
And that the defendants may lie for innocent reasons
only if the jury is sure that the defendant did not lie for an innocent reason.
r v Galbraith.
that a properly directed jury taking prosecution evidence at the highest level would not be able to convict the defendant.
no evidence that the defendant committed the crime.
