Three Measures To Increase The Reliability Of A Police Lineup
The goal of a police lineup is to identify the culprit and hence increase the strength of the evidence for the prosecution. The person doing the identification may be a witness, a victim or both. Unfortunately, misidentification does occur, and it may be responsible for as much as 75% of wrongful convictions that have been overturned by DNA evidence. As such, it is necessary to put measures in place to deal with misidentification. New measures to deal with this problem include:
Lead Investigator Not Conducting Lineups
It has been established that investigators, at least lead investigators, have a big influence on their witnesses. This happens because a lead investigator usually has a suspect in mind that he or she thinks it the guilty one. The influence may not be direct or conscious, but it may still happen.
There are different ways in which an investigator may "direct" a witness during a lineup. This may happen, for example, if the investigator
- Focuses on a suspect by continuously correcting his or her posture or mannerisms
- Maintains eye contact with one suspect
- Makes facial reactions – for example, by looking disappointed or elated when the witness picks a particular suspect
To avoid such issues, it's necessary for another person, other than the lead investigator, to conduct the lineup.
Warnings Given To Witnesses that the Suspect May Not Be Present
It's easy for witnesses to assume that the perpetrator of the crime is in the lineup. Such a witness will not walk away from the lineup without identifying the "suspect," even though he or she may not be convinced. One reason for this is that the witness may not wish to "disappoint" the authorities. Therefore, a witness should be warned that the witness may not be in the lineup and that it is okay to walk away without identifying anybody.
Suspect Not Made To Stand Out
If a witness's memory is clouded, then he or she may choose the person who stands out most as the suspect. This may even happen unconsciously. Therefore, the lineup should be comprised of uniform "suspects." For example, you shouldn't be the only one in shorts, the only short person or the only one wearing a hat.
It is for these reasons that your attorney should be present at your lineup. The attorney will see to it that the lineup is properly conducted, and you aren't misidentified. If a lineup has already been conducted in the absence of your attorney, and you are convinced that you have been misidentified, then get a criminal defense attorney as soon as possible to review your case and defend your rights.