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Eyewitness Identification Standards
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Estimator and System Variables
Estimator variables are witness-related and cannot be controlled, whereas system variables are police-procedure-related and can be managed. Both influence the legal weight of an identification.
Witness Stress and Anxiety
High levels of stress can impair memory accuracy. Legally, this is significant in assessing the validity of an eyewitness's identification.
Double-blind Administration
Both the witness and the administrator do not know the suspect’s identity, which provides a high legal safeguard against bias during the identification process.
Photo Lineup
A display of photographs to the witness, which can be less intimidating but may also bring about legal challenges regarding picture quality and selection.
Recording of Identification Procedure
Audio/visual recording of the identification process is important for legal review and can protect the integrity of the identification evidence.
Sequential Lineup
A procedure where witnesses view one suspect at a time, which reduces misidentification. Legal significance lies in its potential to reduce suggestibility compared to simultaneous lineups.
Feedback to Witness
After identification, witnesses should not receive feedback that can alter their confidence. Legal scrutiny focuses on the potential post-identification feedback effect.
Simultaneous Lineup
Witnesses view all suspects at once, which can lead to selection of person most resembling the perpetrator. Legal concerns include increased chance of misidentification due to comparison.
Show-up Procedure
A one-on-one presentation of a suspect to a witness, soon after the crime. It can be legally contentious due to the high risk of undue influence on the witness.
Pre-trial Identification Procedures and Due Process
Identification protocols must uphold due process rights to avoid undue prejudice and ensure admissibility. Legal inspection ensures identification fairness and accuracy.
Instructions to Witness
Witnesses should be told the suspect might not be in the lineup. This instruction holds legal importance as it can reduce the pressure to make a positive identification.
Confidence Statements
Witnesses should provide a statement of their confidence immediately after identification. Used legally to assess the identification's reliability.
Right to Counsel during Lineups
Suspects have the right to have an attorney present during post-charge lineups, which affects the admissibility of identification evidence in court.
Cross-Racial Identification
Identifications are more prone to error when the witness and suspect are of different races. Legal considerations involve the potential for inaccuracy in cross-racial situations.
Expert Testimony on Eyewitness Identification
Expert witnesses can testify about the reliability of eyewitness memory. Their input can impact legal outcomes by educating jurors on memory complexities.
Underlying Crime Seriousness
The seriousness of the crime can influence witness stress and memory. It is a factor considered by legal professionals in evaluating eyewitness testimony.
Memory Decay Over Time
As time passes, witness memory can deteriorate. This is legally important as delayed identifications may be less reliable and thus scrutinized in court.
Blind Administration
Lineup is conducted by an officer who does not know the suspect's identity to prevent unintentional cues. Enhances the legal reliability of the identification.
Cognitive Interview Technique
An interviewing method to enhance memory retrieval of witnesses. While legally accepted, improper use can lead to contamination of memory.
Use of Fillers in Lineups
Non-suspect fillers should match the witness's description of the perpetrator. Their use is legally important to reduce suggestiveness and ensure fairness.
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