最新评论

Chapter 4—
Police Procedures to Help Eyewitnesses Identify Suspects

Police often need to determine fairly quickly which suspects to release (those who appear to be innocent) and which to detain (those who appear to be guilty). Police often make this assessment based in part on whether victims or witnesses can identify a suspect as the perpetrator of a crime. Prosecutors use these identifications as well to support a case, both in plea bargaining and as evidence in court.

Section I: An Overview of Eyewitness Identification Procedures

This section offers an overview of the various identification procedures used by the police, and how these procedures are then used to help prosecute suspects. The most common identification procedures are lineups, showups, photo IDs and in-court IDs.

1. What is a Lineup?

In a lineup, a witness views a group of people to determine whether the witness sees the perpetrator among those in the group. When a witness picks the suspect out of the group, the witness is said to have made a positive ID. When a witness picks someone else in the lineup, the witness fails to identify the accused. This is sometimes called a "No-ID" or a "Mis-ID." (Lineups are discussed in detail in Section II.)

2. What is a Showup?

A showup is a one-on-one identification procedure. The witness is shown one person and asked if that person is the perpetrator. (Showups are discussed in detail in Section III.)

3. What is a Photo Identification?

A photo ID is like a lineup of photos; the witness is shown a group of photos and asked whether any are of the perpetrator. (Photo IDs are discussed in detail in Section IV.)

4. Can the Police Use More than One Identification Procedure in a Case?

Yes.

5. Can a Witness Also Identify Me in Court Regardless of What Happened in an Earlier ID Procedure?

Yes. Evidence that a witness identified a suspect as the perpetrator is generally admissible evidence whether the ID is made in or out of court. (More on rules of evidence in Chapter 18.) No matter what happens at a pretrial lineup, showup or photo ID—whether the defendant is positively ID'd or not—and even if no prior identification procedure has been conducted, an eyewitness to a crime will almost always be given the opportunity to identify the defendant at a later court proceeding, including the trial itself. This is true even if the judge decides that an earlier identification was so unfair that it should not be admissible in evidence. (How the procedures can be unfair is discussed below in the sections on lineups, showups and photo IDs. Unfair aspects of court-IDs are discussed in the next questions. The method for requesting that a judge exclude evidence of an identification, called a Motion to Suppress, is discussed in Section V of this chapter, and also in Chapter 19.)

6. If a Witness ID'd Me--Or Even Saw Me But Failed to ID Me--In an Earlier Identification Procedure, Won't He Or She Recognize Me in Court From that ID Procedure Even if I'm not the One Who Committed the Crime?

There is a great risk of this, and in such a situation the defense likely would argue that an in-court ID should be prevented precisely because of the risk that the earlier ID irretrievably shaped and prejudiced the witness's perception. As much sense as this argument may make, courts are rarely persuaded by it and usually allow witnesses an opportunity to make an in-court ID. It is then left to the defense to argue to the jury that the in-court ID was inherently unfair.

7. Assuming a Witness Saw Me in the Lineup, and Then in Court, What is the Witness's Testimony Likely to be at Trial?

If a case goes to trial, a witness who made an ID in a lineup or other procedure will usually testify first about the initial identification—at the scene of the alleged crime. Then the witness will testify about the second identification in the lineup (or other procedure). Finally, the witness will identify the defendant as the person sitting in court, saying that the person in court is the same person the witness earlier identified.

Sometimes the order of ID is reversed, with the witness first identifying the defendant sitting in court as the person who committed the crime and then testifying about earlier identifications.

回答1或者翻译2－3，均给分，答案回复可见。

1、请用中文阐述指认嫌疑犯的几种方式？
2、The most common identification procedures are lineups, showups, photo IDs and in-court IDs.
3、 Yes. Evidence that a witness identified a suspect as the perpetrator is generally admissible evidence whether the ID is made in or out of court.

---

以下为回复可见内容

1、无标准答案
2、最常见的识别程序是列队识别、当面识别、图象识别和当庭指认.
3、对。不管识别是否当庭进行，证人认出嫌疑犯的证据一般都可以作为控诉证据。

---

http://blog.hjenglish.com/vfd/

法律英语导读节目单

已经奖励 flysky2006,loosefoy,chen_wenyu,harriethh,sunqiandt,yanrabbit666,jennykaede,michael1026,xizhilang61,wosile13,llccjj2002,theod,prophet99,篱落霜晚,cyansky,usagi123,maryzhen,didiv,findle,hujiangabc,icyCola,起名字很难,lleee,imcrazi,binchoutan
单个用户操作：金钱100 经验50 魅力50

论坛帖子:http://www.hjbbs.com/dispbbs.asp?boardID=29&ID=415080