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8. I Imagine Witnesses are Likely to be Believed if they Testify About Iding Me on Three Separate Occasions?

That is certainly what the prosecution hopes will be the effect of such testimony. If the defense has reasonable grounds to argue that an identification should be excluded, the

defense will do so. (See Section V.) The judge may decide to exclude one or more of the identifications but allow the others, or allow them all.

Even if witnesses are allowed to testify about an ID, however, there are several methods that the defense may use to discredit them.

1. The defense may question whether the witness was able to clearly observe the perpetrator in the first place, during the alleged crime. For instance, the defense may suggest a witness lacked the ability to accurately observe because:

· the witness had impaired vision

· it was dark

· the witness was too far away

· the witness is very young or very old, or

· the witness was particularly frightened.

Or, if there is evidence to warrant such an attack, the lawyer may suggest the witness is lying. (More on impeaching (discrediting) witnesses in Chapter 17.) The lawyer may also discredit the witness by introducing evidence that another witness identified a different suspect.

2. The defense may attack the fairness or reliability of the earlier police identification procedures. Even if the judge refuses to exclude an earlier identification, the defense can ask the witness questions about the ID in order to cast doubt on its reliability or fairness. For instance, assume that the witness initially tells the police that the perpetrator was an abnormally short adult, probably under five feet tall. The police then proceed to put the defendant—who is also very short—in a lineup with other males all of whom are well over five feet tall. If the witness identified the defendant as the perpetrator during the lineup, the defense could point out the suggestiveness of the lineup and cast doubt on the ID. Similarly, the defense can bring out that the witness hesitated in identifying the defendant, or first misidentified another person.

3. The defense can discredit a witness's in-court ID, noting, for example, how easy it was for the witness to select the defendant, especially if the defendant is seated at counsel table. It is obviously so suggestive for a witness to identify a defendant who is the only person other than the defense lawyer sitting in front of the witness at counsel table that in pretrial hearings, judges sometimes allow defendants who are not in custody to sit in the audience section when their lawyer asks if the witness sees the defendant in court. But during trial or with in-custody defendants, the judge probably won't allow the defendant to sit in the audience, so the defense lawyer can argue that the judge or jury should not give much weight to such a suggestive identification procedure.

Case Example: Victoria Queen has just testified on behalf of the prosecution during the preliminary hearing that Shauna Prince stole her pocketbook. Victoria testified, among other things, that she had identified Shauna during a police lineup as the person who robbed her.

Question: What can the defense lawyer do now to help Shauna?

Answer: Cross-examine Victoria, and try to point out problems with both her original identification and with the lineup.

Here is a sample cross-examination intended to cast doubt on the testimony of a witness who identified a person in a lineup.

Defense Lawyer (L): "Good morning, Ms. Queen, I just have a few questions for you. Is that okay?"

Victoria (V): "Yes."

L: "You just told us that you went down to the police station on May 27 and identified my client, Shauna Prince, as the person who stole your pocketbook on May 24, isn't that correct?"

V: "Yes."

L: "You also told us that Ms. Prince bumped into your side, that she was coming from behind you and that she ran off as soon as she grabbed your purse, isn't that correct?"

V: "Yes, but I got a look at her as she pulled the bag off my shoulder."

L: "Yes, and I imagine you were frightened, having just been bumped into?"

V: "Oh, yes."

L: "And I imagine you were startled, shaken, at having your bag tugged off your arm?"

V: "Certainly."

L: "Now, you are wearing glasses today, correct?

V: "Yes."

L: "And you were wearing your glasses on the day your purse was taken?"

V: "Yes."

L: "But you didn't have your glasses on the day you went to the police station and positively identified Ms. Prince as the person who stole your purse, did you?"

V: "No. I . . . hadn't gotten a new pair yet, they were in the purse she stole, I . . ."

L: "Thank you, Ms. Queen. I just have a few more questions for you about the day of the lineup. I understand that you spoke with Detective Julia for some time before the lineup, correct?"

V: "Yes, we had a cup of coffee together."

L: "I see. And didn't Detective Julia tell you that they believed they had found the suspect, and arrested her the night before?

V: "Yes."

L: "And did the detective tell you the suspect they arrested would be in the lineup?"

V: "Yes."

L: "Now, did Detective Julia accompany you into the lineup room?

V: "Yes."

L: "Did he sit next to you throughout the whole lineup process?"

V: "Yes. He tried to make me feel comfortable, not quite as scared as I was."

L: "Yes, and he spoke to you throughout the lineup to reassure and comfort you, right?"

V: "Yes, he often leaned to whisper things to me."

L: "And what did he say to you when you pointed out Ms. Prince as the person who you thought took your purse?"

V: "He thanked me very much, told me I'd done a great job, and he walked me to my car."

L: "He didn't ask you if you were sure that Ms. Prince was the person who had taken your purse, did he?"

V: "No."

L: "Thank you, Ms. Queen, no further questions."

Because Victoria's responses show that she is not a very credible witness, the prosecutor might consider dropping or seriously reducing the charges—at least the robbery charge.

回答1或者翻译2－3，均给分，答案回复可见。

1、为什么说奎恩太太的话不可信？
2、Cross-examine Victoria, and try to point out problems with both her original identification and with the lineup. .
3、 Because Victoria's responses show that she is not a very credible witness, the prosecutor might consider dropping or seriously reducing the charges—at least the robbery charge.

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以下为回复可见内容

1、无标准答案
2、盘诘维多利亚，设法指出她原来的认定和列队指认存在问题。
3、因为维多利亚的回答表明她做证人不可信。检察官可能会考虑放弃指控或者大大降低指控的严重程度－至少抢劫指控。

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