Blind Sequential Lineup Reform

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Blind SequentialLineup Reform

• October 2009

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DNA Exonerations

• Almost all due to mistaken eyewitness ID when
  police had wrong suspect

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Did law enforcement methods contribute to
mistaken eyewitness ID?
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Traditional law enforcement ID procedure

• Simultaneous display of photos (usually 6)
• Lineup created and presented by investigator with
  knowledge of case
• Knows who suspect is
• Often has developed rapport with W

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The Problem

• What if the person police suspect is not the
  perpetrator? What if police are wrong? Then
  police belief they have right person can taint
  ID.

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Scientific Evidence 70 Studies 1985-2007

• Compared simultaneous to sequential photo lineups
• In perpetrator-absent lineups (like DNA
  exoneration cases), mistaken eyewitness IDs drop
  sharply if photos displayed sequentially
• Some reduction in correct IDs when photos
  displayed sequentially
• Slight risk of failure to ID when perpetrator
  present outweighed by significant risk of mis-ID
  if perpetrator is absent

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Terminology

• Blind- administrator of test does not know who
  the suspect is W knows administrator doesnt
  know
• Blinded - administrator knows who suspect is
  but test is administered in such a manner that
  administrator cannot see which photo W is viewing
  and does not know order W knows administrator
  does not know order
• Nonblind administrator knows who suspect is
  and can see which photo W is viewing W knows
  administrator knows who suspect is

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Problems with traditional nonblind simultaneous
procedure

• W wants to help will look to investigator for
  cues or validation (especially if good rapport)
• Even most experienced professional who knows ID
  of suspect cannot eliminate all possibility of
  unintentional cues
• This is not a question of doubting officer
  integrity but human naturea cue could be as
  simple as body language or eyes lighting up
• Simultaneous display encourages relative
  judgment

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What is relative judgment?

• Picking the person who looks most like the
  perpetrator (regardless of whether it is the
  perpetrator)

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The flaw in simultaneous displays is that it
encourages comparing and guessing

• Picking the person who looks most like the
  perpetrator is 100 wrong if perpetrator is not
  in lineup (i.e., if police suspect the wrong
  person)

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The flaw in nonblind displays is the possibility
of investigator influence

• Blind administration eliminates this as an issue

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Essential Components of Lineup Reform

• Sequential photo display
• Blind or blinded administration

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Blind (Independent) Administration

• Someone other than an investigator who knows the
  identity of the suspect shows the lineup

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Blind (independent) administration is the
preferred routeand will be easier than you
think!
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Alternative Blinded Administration(functional
equivalent of blind)

• If only investigator who knows ID of suspect is
  available to do lineup, he must do so in a manner
  that ensures he does not know and cannot see
  where suspect isand witness must know he does
  not know order

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Alternative Methods for Blind Sequential Lineups

• Folder method (number photos place each in
  separate folder with same number)
• If blind administrator, investigator may prepare
  folders
• If blinded procedure used, someone other than
  investigator who shows lineup must prepare
  folders
• 6-in-a-box method
• Laptop
• Future Lineup software linked to M-RAP and
  police records

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Basics of Blind Sequential LineupsInstructions
to Administrator

• Show only one photo at a time remove from view
  before next photo is shown
• After W has looked at each photo, ask Is this
  the person who state act committed?
• If no, go to next photo and repeat
• If yes, ask How certain are you of your
  selection? Continue showing rest of photos
• Note all comments made about any photo
• If W asks for repeat, show all photos (in same
  order)
• Keep track of number of cycles

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Scientific Evidence After 2 cycles, there is a
sharp drop-off in reliability of identification

• No criminal charge should be based on ID
  requiring more than 2 cycles

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Basics of Blind Sequential LineupsInstructions
to Witness

• Person who committed crime may or may not be
  included
• I do not know if any person being investigated is
  included (blind) or I do not know the order of
  photos (blinded)
• I will continue to show you all photos even if
  you ID someone
• A photo may be an old one some things like hair
  style can change skin tones may look different
  in photos
• Do not feel you have to make an ID it is just as
  important to clear innocent as ID guilty
  investigation will continue regardless
• You will see only 1 photo at a time they are in
  no particular order take as much time as you
  need
• Do not discuss procedure with any other W

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Basics of Blind Sequential LineupsInstructions
to Administrator if ID made

• Ask How certain are you of your selection?
  (write answer verbatim)
• Document any physical or emotional reaction
• Do not give W any feedback on ID (such as good
  job or thats who we thought it was (doing so
  will artificially inflate Ws level of
  confidence)
• Continue showing remaining photos

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Basics of Blind Sequential LineupsRecord of
Lineup

• Preserve copy of photos shown in order
  (simultaneous 6-pack template works well)
• If ID made, have W sign photo picked
• Report should include
• Whether blind or blinded method used
• Instructions given to W
• Results of lineup
• If ID made, answer to level of certainty Q

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After ID procedure, investigator who knows ID of
suspect may conduct follow-up interview

• May elicit further detail on any ID made
• may not tell W if right person picked
• just say investigation ongoing

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Eyewitness identification will continue to be an
important component of criminal investigations.
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Making these changes will improve our
confidenceand the jurys confidencein the
quality of eyewitness ID.
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