Eyewitness identification is a crucial aspect of criminal investigations, but research has shown that it can often be unreliable. Concerns about the reliability of eyewitness identifications from photo arrays stem from factors including memory biases, the influence of leading questions, and the pressure of the identification process. Here’s a breakdown of the concerns and recommended procedures, along with insights from both the Department of Justice guidelines and the Louisiana statute.
Concerns About the Reliability of Eyewitness Identification:
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Memory Decay and Distortion: Eyewitnesses may have incomplete or altered memories of an event due to the passage of time or exposure to misleading information. This can lead to incorrectly identifying a suspect.
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Foil Bias: The individuals shown alongside a suspect in a photo array (known as foils) may not resemble the suspect closely, leading witnesses to pick an individual who stands out, rather than the actual perpetrator.
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Eyewitness Confidence: Witnesses may overestimate their level of confidence in their identification, which can create an illusion of accuracy and lead prosecutorial bias.
Recommended Procedures to Address Concerns:
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Double-Blind Administration: Photo arrays should be shown by someone who does not know the suspect. This reduces the risk that the administrator's expectations or cues will influence the witness's decision.
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Instructions to Witness: Witnesses should be explicitly instructed that the perpetrator may or may not be in the photo array and that their response is important regardless of the outcome. This can help mitigate the pressure to make a choice.
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Documentation of Confidence: Witnesses should state their confidence level at the time of the identification. Recording their confidence immediately can help assess the reliability of the identification later, as confidence can increase over time regardless of actual accuracy.
January 2017 Department of Justice Guidelines:
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Minimizing Suggestiveness: The guidelines emphasize using procedures that minimize the potential suggestiveness of identification processes. This can include ensuring that all possible options presented in a photo lineup are similar in appearance and relevant to the suspect.
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Recording Identification Procedures: The guidelines recommend that all eyewitness identification procedures should be recorded, which not only enhances transparency but also allows for proper evaluation of how the identification occurred and helps with later legal scrutiny.
May 2018 Louisiana Statute:
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Independent Confirmation: The statute mandates that prior to conducting a photo lineup, law enforcement must take reasonable steps to establish that the witness has no significant prior exposure to the suspect. This aims to ensure that selections are made based on immediate recall and not prior knowledge.
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Standardization of Procedures: The Louisiana statute requires the implementation of standardized instructions and procedures for conducting photo lineups and live lineups, ensuring consistency and fairness in how eyewitness identifications are conducted.
By addressing these concerns through systematic and structured approaches, investigators can enhance the reliability of eyewitness identifications and ultimately strengthen the integrity of the judicial process.