7-6 The Identification Process

7-6a Types of Identification Procedures

  • Showups

    • Occur when a suspect matching a witness's description is apprehended near the crime scene shortly after the crime.

    • The suspect is often brought back to the crime scene for eyewitness identification.

    • This method allows for immediate identification, which can be critical for suspects who may flee.

  • Photo Arrays

    • Used when no suspect is in custody but police have a general description.

    • Witnesses view "mug shots" of individuals with police records that fit the description given.

    • Police may also show pictures of potential suspects based on their beliefs concerning the crime.

  • Lineups

    • Involve lining up multiple individuals, including one suspect, in front of a witness or victim.

    • Members may wear clothing similar to that worn by the suspect and repeat a phrase that was used during the crime.

    • This utilizes visual and auditory cues to aid in the identification process.

Eyewitness Misidentification

  • Double Blind Photo Arrays and Lineups

    • Administered by an officer who does not know the identity of the suspect.

    • This method aims to reduce the chances of eyewitness misidentification by preventing bias from the officer.

Legal Considerations

  • Constitutional Law and Identification Processes

    • Governed by constitutional law, with varying restrictions on procedures.

    • The Sixth Amendment right to counsel does not apply to showups or photo arrays.

    • In United States v. Ash (1973), the Supreme Court noted the necessity of immediate identification to justify the absence of an attorney during these procedures.

  • Due Process Rights

    • Any procedure not requiring the suspect’s presence does not require an attorney.

    • Police cannot influence witness identifications through leading remarks, as this violates a suspect's due process rights.

7-6b Nontestimonial Evidence

  • Definition and Importance

    • Nontestimonial evidence refers to physical evidence that is obtained from a suspect, such as photographs, fingerprints, and biological samples (e.g., blood and saliva).

    • This evidence plays a critical role in law enforcement and can aid in identifying suspects without violating Fifth Amendment rights, which protect against self-incrimination.

  • Fifth Amendment Rights

    • Observers express concerns that standard booking procedures might infringe on an individual’s Fifth Amendment rights.

    • During booking, suspects are photographed and fingerprinted; blood samples may also be collected.

    • Some argue that using these samples to identify a suspect amounts to self-incrimination.

    • Schmerber v. California (1966): The Supreme Court ruled that such tests are not equivalent to testimonial self-incrimination as they do not involve verbal testimony, thus not violating the Fifth Amendment.

  • Types of Nontestimonial Evidence Allowed

    • Voice samples and handwriting samples may also be legally collected and used for identification.

  • Facial Recognition Technology

    • Definition: A technology used to identify individuals by comparing facial features against databases.

    • Case Example: In a case involving the suspect Jerrod Ramos, police used a photo entered into the Maryland Image Repository System, confirming his identity among millions of images.

    • Growth and Usage:

    • The reach of facial recognition technology has proliferated, with estimates suggesting that over half of American adults have their images stored in accessible databases.

    • The New York Police Department reports nearly 1,000 arrests per year using facial recognition driven by surveillance images and social media.

    • Criticism and Concerns:

    • Critics highlight serious concerns regarding surveillance, false identifications (especially among people of color), and lack of independent testing for accuracy.

    • Municipalities such as Cambridge and San Francisco have banned the use of facial recognition technologies by city governments due to potential civil rights violations.

  • Debate on Usage

    • Proponents’ View:

    • Supporters argue modern law enforcement needs to utilize contemporary technology to effectively police.

    • Opponents’ View:

    • Critics warn that the pitfalls of facial recognition technology pose significant risks to civil liberties and social justice, potentially exacerbating racial disparities.

  • Legal and Ethical Questions

    • Does a person have a reasonable expectation of privacy regarding photos taken for driver’s licenses when shared with law enforcement?

    • Consider implications based on privacy expectations and the intention behind photo collection.

    • Should police require a warrant to use facial recognition technology for identifying suspects?

    • Discussion based on constitutional principles drawn from cases like United States v. Jones and Carpenter v. United States.

  • Real-time Facial Recognition Technology

    • Law enforcement is employing real-time facial identification in certain countries, directly linking footage from public cameras to databases.

    • Comparison with Automated License Plate Readers:

    • The technology is similar in that both involve instant identification; however, real-time facial recognition poses distinct legal and ethical issues concerning privacy and surveillance.

    • Potential Constitutional Issues:

    • The implementation of this technology in the U.S. raises questions about individual rights, surveillance, and the extent of government authority to monitor citizens in public spaces.