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41N - Eyewitness identification Show Ups Photo Arrays 2019
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41N - Eyewitness identification Show Ups Photo Arrays 2019
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7/17/2019 11:13:56 AM
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<br /> <br />Policy & Procedure Page 1 of 18 <br /> <br />Lexington Police <br />Department <br />Subject: Eyewitness Identification <br /> <br /> <br />Policy Number: <br /> 41N Accreditation Standards: <br />Reference: 42.2.11; 42.2.12 Effective Date: <br />7/1/12 <br /> New <br /> Revised Revision <br />Dates: <br />1/24/19 <br /> <br />By Order of: Mark J. Corr, Chief of Police <br /> <br />The Municipal Police Institute, Inc. (MPI) is a private, nonprofit charitable affiliate of the <br />Massachusetts Chiefs of Police Association. MPI provides training and model policies <br />and procedures for police agencies. This policy is an edited version of MPI Policy 1.12, <br />“Eyewitness Identification” and guidelines provided by the Middlesex District Attorney’s <br />Office dated July 2004. <br /> <br />In October 1999 the National Institute of Justice developed and approved of guidelines <br />for eyewitness evidence procedures, these reform procedures are the foundation for <br />this policy. <br /> <br />GENERAL CONSIDERATIONS AND GUIDELINES <br /> <br />Police identification procedures are an important consideration for establishing the <br />identity of a criminal offender. They are equally significant in clearing an innocent <br />suspect. Many people who have been convicted of serious crimes, only to later be <br />exonerated by scientific evidence, were originally convicted based in large part on <br />mistaken identification by a witness. <br /> <br />The identification of criminal offenders must be approached with extreme caution as the <br />court may exclude evidence if it is improperly obtained. If improper identification <br />procedures are used, a court not only may exclude the out-of-court identification, but <br />can in certain circumstances exclude subsequent in-court identification. The court will <br />carefully examine the identification procedure and the manner in which it was conducted <br />to determine whether the police influenced the witness, intentionally or unintentionally. <br />Even in those cases where eyewitness identification is admitted by the court, the jury <br />may still not be persuaded if sufficient doubt can be raised as to its reliability. <br />Officers must be careful to ensure that their identification procedures are not conducted <br />in a suggestive manner and that they are not conducive to irreparable misidentification. <br /> <br /> <br />
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