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Pre Trial Order Georgia

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									   Eyewitness Identification
            Georgia Public Safety Training Center
                 1000 Indian Springs Drive
                     Forsyth, GA 31029


                     Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification




              Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification



• A Resolution




              Georgia Public Safety Training Center
7/11/2011
                          TERMS

• PEACE OFFICER




            Georgia Public Safety Training Center
7/11/2011
                          TERMS

• IN-SERVICE




            Georgia Public Safety Training Center
7/11/2011
                          TERMS

• SUSPECT




            Georgia Public Safety Training Center
7/11/2011
                          TERMS

• ADMINISTRATOR




            Georgia Public Safety Training Center
7/11/2011
                          TERMS
• NEUTRAL INDEPENDENT ADMINISTRATOR




            Georgia Public Safety Training Center
7/11/2011
                          TERMS


• SIMULTANEOUS IDENTIFICATION




            Georgia Public Safety Training Center
7/11/2011
                          TERMS



• SEQUENTIAL IDENTIFICATION




            Georgia Public Safety Training Center
7/11/2011
                          TERMS

• SHOWUP




            Georgia Public Safety Training Center
7/11/2011
                          TERMS

• PHYSICAL LINEUP




            Georgia Public Safety Training Center
7/11/2011
                          TERMS

• PHOTOGRAPHIC LINEUP




            Georgia Public Safety Training Center
7/11/2011
                          TERMS

• FILLER




            Georgia Public Safety Training Center
7/11/2011
            Georgia Peace Officers



• OCGA Title 35-8-9
Basic course of instruction



              Georgia Public Safety Training Center
7/11/2011
            Georgia Law Enforcement
                   Handbook
            Criminal Law & Procedure




• Chapter 6, Pre-Trial Identification




              Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification


                  The United
                  States
                  Supreme Courts
                  says:




              Georgia Public Safety Training Center
7/11/2011
            Georgia Law Enforcement
                   Handbook
            Criminal Law & Procedure

• Pre-Trial Identification

• Chapter 6-4 Lineups
    (Physical Lineup)


              Georgia Public Safety Training Center
7/11/2011
            Georgia Law Enforcement
                   Handbook
            Criminal Law & Procedure

• Pre-Trial Identification

• Chapter 6-4 Lineups
    (Physical Lineup)


              Georgia Public Safety Training Center
7/11/2011
            Georgia Law Enforcement
                   Handbook
            Criminal Law & Procedure

• Pre-Trial Identification

• Chapter 6-5 Showups



              Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification


                  The United
                  States
                  Supreme Courts
                  says:




              Georgia Public Safety Training Center
7/11/2011
            Georgia Law Enforcement
                   Handbook
            Criminal Law & Procedure

• Pre-Trial Identification

• Chapter 6-6 Picture Identification
  (Photographic Lineup)


              Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification


                  The United
                  States
                  Supreme Courts
                  says:




              Georgia Public Safety Training Center
7/11/2011
            Georgia Law Enforcement
                   Handbook
            Criminal Law & Procedure

• Pre-Trial Identification

• Chapter 6-7 Presence of counsel



              Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification


                  The United
                  States
                  Supreme Courts
                  says:




              Georgia Public Safety Training Center
7/11/2011
            Interviewing Eyewitnesses
• INTERVIEWING




                Georgia Public Safety Training Center
7/11/2011
            Interviewing Eyewitnesses
• INTERVIEWING




                Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification
• Preparation

• Presentation

• Preservation

                Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification
• Preparation & Presentation

     –Showups




                Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification
• Preparation

     –Showups




                Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification
• Presentation

     –Showups




                Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification
• Preservation

     –Showups




                Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification
• Preservation

     –Showups




                Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification
• Preparation

     –Physical lineups

     –Photographic lineups


                Georgia Public Safety Training Center
7/11/2011
              PREPARATION
• Composing Lineups

     –Legal considerations




              Georgia Public Safety Training Center
7/11/2011
              PREPARATION
• Composing Lineups

     –Include only one suspect in each
      identification procedure




              Georgia Public Safety Training Center
7/11/2011
            PREPARATION
• Composing Lineups

• Include at least five fillers




            Georgia Public Safety Training Center
7/11/2011
               PREPARATION
• Composing Lineups

     –Select fillers who generally fit the
      witness’s description of the
      perpetrator.



               Georgia Public Safety Training Center
7/11/2011
              PREPARATION
• Composing Lineups

     –Complete uniformity of features in
      not required




               Georgia Public Safety Training Center
7/11/2011
               PREPARATION
• Composing Lineups

     –Place suspects in different positions
      in each lineup.




               Georgia Public Safety Training Center
7/11/2011
               PREPARATION
• Composing Lineups

     –When showing a new suspect,
      avoid reusing fillers in lineups
      shown to the same witness



               Georgia Public Safety Training Center
7/11/2011
               PREPARATION
• Composing Lineups

     –Ensure that no writings are
      markings concerning previous
      arrest (s) will be visible to the
      witness

               Georgia Public Safety Training Center
7/11/2011
              PREPARATION
• Composing Lineups

     –View lineup once completed to
      ensure that the suspect does not
      unduly stand out.



              Georgia Public Safety Training Center
7/11/2011
              PREPARATION
• Composing Lineups

     –Preserve the presentation order




              Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification
• Presentation

     –Physical lineups

     –Photographic lineups


                Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification
Neutral Independent Administrator




                Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification
• Presentation

     –Physical lineups

     –Photographic lineups


                Georgia Public Safety Training Center
7/11/2011
                    PRESENTATION
• Physical lineups

            • Prior to beginning a physical lineup,
              the administrator should instruct all
              those present not to suggest in any
              way the position or identity of he
              suspect in the lineup

                     Georgia Public Safety Training Center
7/11/2011
              PRESENTATION
• Physical lineups

     –Advise the witness that he/she will
      be asked to view a group of
      individuals



               Georgia Public Safety Training Center
7/11/2011
             PRESENTATION
• Physical lineups

     –Advise the witness that he/she does
      not have to make an identification,
      and the identification procedure is
      important to the investigation
      whether or not an identification is
      made
              Georgia Public Safety Training Center
7/11/2011
              PRESENTATION
• Physical lineups

     –Advise the witness that it is just as
      important to clear innocent persons
      from suspicion as to identify guilty
      parties

               Georgia Public Safety Training Center
7/11/2011
               PRESENTATION
• Physical lineups

     – Advise the witness that the individuals
       depicted in the physical lineup may not
       appear exactly as the witness observed
       on the date of the crime because
       features such as hairstyles and facial
       hair are subject to change
                Georgia Public Safety Training Center
7/11/2011
             PRESENTATION
• Physical lineups

     –Advise the witness that the
      perpetrator may or may not be
      among those shown in the physical
      lineup

              Georgia Public Safety Training Center
7/11/2011
              PRESENTATION
• Physical lineups

     –Advise the witness that regardless
      of whether an identification is made,
      law enforcement will continue to
      investigate the crime

               Georgia Public Safety Training Center
7/11/2011
             PRESENTATION
• Physical lineups

     –Confirm that the witness
      understands the lineup procedure




              Georgia Public Safety Training Center
7/11/2011
             PRESENTATION
• Physical lineups

     –Advise the witness not to discuss
      the identification procedure or its
      results with other witnesses
      involved in the case and discourage
      contact with the media
              Georgia Public Safety Training Center
7/11/2011
                PRESENTATION
• ADVISORY STATEMENT

     – Physical lineup




                  Georgia Public Safety Training Center
7/11/2011
                 ADVISORY
                STATEMENT
                “In a moment I am going to show you a
                group of individuals. This group of
                individuals may or may not contain the
                person who committed the crime now
                being investigated. It is just as important
                to clear innocent persons from suspicion
                as to identify guilty parties. Whether or
                not you make an identification, the
                investigation will continue. Now, keep in
                mind that hair styles, beards, and
                mustaches may be easily changed. Pay
                no attention to any markings or number
                that may appear on or near the
                individual. When you have looked at all
                the individuals, tell me whether or not
                you see the person who committed the
                crime. You do not have to make an
                identification and the identification
                procedure is important to the
                investigation whether or not an
                identification is made. Do not tell other
                witnesses that you have or have not
                identified anyone. Do you understand?”




            Georgia Public Safety Training Center
7/11/2011
              PRESENTATION
• Physical lineups

     –If an identification is made, advise
      the witness to give feedback in
      his/her own words regarding his/her
      level of confidence at the time of
      the identification
               Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification

Simultaneous v Sequential




                Georgia Public Safety Training Center
7/11/2011
                   PRESENTATION
• Physical lineups

            • Simultaneous




                    Georgia Public Safety Training Center
7/11/2011
                   PRESENTATION
• Physical lineups

            • Simultaneous

            • Presenting the Individuals



                     Georgia Public Safety Training Center
7/11/2011
                  PRESENTATION
• Physical lineups

            • Sequential




                   Georgia Public Safety Training Center
7/11/2011
                  PRESENTATION
• Physical lineups

            • Sequential

            • Presenting the Individuals

                   Georgia Public Safety Training Center
7/11/2011
              PRESENTATION
• Photograph lineups

     –Advise the witness that he/she will
      be asked to view a group of
      photographs



               Georgia Public Safety Training Center
7/11/2011
             PRESENTATION
• Photograph lineups

     –Advise the witness that he/she does
      not have to make an identification,
      and the identification procedure is
      important to the investigation
      whether or not an identification is
      made
              Georgia Public Safety Training Center
7/11/2011
              PRESENTATION
• Photograph lineups

     –Advise the witness that it is just as
      important to clear innocent persons
      from suspicion as to identify guilty
      parties

               Georgia Public Safety Training Center
7/11/2011
               PRESENTATION
• Photograph lineups

     – Advise the witness that the individuals
       depicted in the physical lineup may not
       appear exactly as the witness observed
       on the date of the crime because
       features such as hairstyles and facial
       hair are subject to change
                Georgia Public Safety Training Center
7/11/2011
             PRESENTATION
• Photograph lineups

     –Advise the witness that the
      perpetrator may or may not be
      among those shown in the
      photograph lineup

              Georgia Public Safety Training Center
7/11/2011
              PRESENTATION
• Photograph lineups

     –Advise the witness that regardless
      of whether an identification is made,
      law enforcement will continue to
      investigate the crime

               Georgia Public Safety Training Center
7/11/2011
             PRESENTATION
• Photograph lineups

     –Confirm that the witness
      understands the lineup procedure




              Georgia Public Safety Training Center
7/11/2011
             PRESENTATION
• Photograph lineups

     –Advise the witness not to discuss
      the identification procedure or its
      results with other witnesses
      involved in the case and discourage
      contact with the media
              Georgia Public Safety Training Center
7/11/2011
                PRESENTATION
• ADVISORY STATEMENT

     – Photograph lineup




                 Georgia Public Safety Training Center
7/11/2011
                 ADVISORY
                STATEMENT
                “In a moment I am going to show you a
                group of individuals. This group of
                individuals may or may not contain the
                person who committed the crime now
                being investigated. It is just as important
                to clear innocent persons from suspicion
                as to identify guilty parties. Whether or
                not you make an identification, the
                investigation will continue. Now, keep in
                mind that hair styles, beards, and
                mustaches may be easily changed. Pay
                no attention to any markings or number
                that may appear on or near the
                individual. When you have looked at all
                the individuals, tell me whether or not
                you see the person who committed the
                crime. You do not have to make an
                identification and the identification
                procedure is important to the
                investigation whether or not an
                identification is made. Do not tell other
                witnesses that you have or have not
                identified anyone. Do you understand?”




            Georgia Public Safety Training Center
7/11/2011
              PRESENTATION
• Photograph lineups

     –If an identification is made, advise
      the witness to give feedback in
      his/her own words regarding his/her
      level of confidence at the time of
      the identification
               Georgia Public Safety Training Center
7/11/2011
                 PRESENTATION
• Photographic lineups

            • Simultaneous




                  Georgia Public Safety Training Center
7/11/2011
                  PRESENTATION
• Photographic lineups

            • Sequential




                   Georgia Public Safety Training Center
7/11/2011
                  PRESENTATION
• Photographic lineups

            • Sequential

            • Presenting the photographs


                   Georgia Public Safety Training Center
7/11/2011
            Eyewitness Identification
• Preservation

     –Showups

     –Physical lineups

     –Photographic lineups
                Georgia Public Safety Training Center
7/11/2011
            PRESERVATION
• Documenting Identification Results

• Document both identification and non-
  identification results including the
  witness’s own words regarding how
  sure he/she is.


            Georgia Public Safety Training Center
7/11/2011
            PRESERVATION
• Documenting Identification Results

• Ensure results are signed and dated
  by the witness




            Georgia Public Safety Training Center
7/11/2011
            PRESERVATION
• Documenting Identification Results

• Ensure that no materials indicating
  previous identification results are
  visible to the witness



            Georgia Public Safety Training Center
7/11/2011
            PRESERVATION
• Documenting Identification Results

• Ensure that the witness does not
  write on or mark materials that will be
  used in other identification
  procedures


            Georgia Public Safety Training Center
7/11/2011
            PRESERVATION
• LINEUPS

• Document any identification results
  and witness’s statement of certainty




            Georgia Public Safety Training Center
7/11/2011
               PRESERVATION
• LINEUPS

• Document the lineup
     – Identification of lineup participants and
       sources used
     – Names of all persons present
     – Date and time the procedure was
       conducted
                 Georgia Public Safety Training Center
7/11/2011
            PRESERVATION
• PHYSICAL LINEUPS

• Documenting the participants




            Georgia Public Safety Training Center
7/11/2011
            PRESERVATION

            Participant Forms
            Physical Lineup
            Photographic Lineup




            Georgia Public Safety Training Center
7/11/2011
            PRESERVATION
• LINEUPS

• Document the lineup by photo or
  video whenever possible




            Georgia Public Safety Training Center
7/11/2011
            PRESERVATION
• LINEUPS

• Advise the witness not to discuss the
  identification procedure or its results
  with other witnesses involved in the
  case and discourage contact with the
  media

             Georgia Public Safety Training Center
7/11/2011
            PRESERVATION

            Physical Lineup ID

            Photographic Lineup ID




            Georgia Public Safety Training Center
7/11/2011
            PRESERVATION
• FOLLOW UP




            Georgia Public Safety Training Center
7/11/2011
            AGENCY POLICY

                     GACP Model
                       Policy




            Georgia Public Safety Training Center
7/11/2011
            IDENTIFICATION DISPLAY
                    FOLDER



                   Identification
                   Display
                   Folder




              Georgia Public Safety Training Center
7/11/2011

								
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