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21. If I'm in a Lineup, can the Police Require Me to Wear Particular Clothes or Say Certain Words?

Yes. To give witnesses the best opportunity to make a reliable identification, police officers often dress lineup participants according to how witnesses say a perpetrator was dressed at the time of the crime. Sometimes they make participants wear items of clothing found at the crime scene.

The police may also require lineup participants to repeat words uttered by the perpetrator, and even to use similar gestures. Again, the Supreme Court regards these as "nontestimonial" acts allowed despite the Fifth Amendment.

Case Example 1: Ann Ekdote is arrested for burglarizing a home. Wilma, who lives next door to the burgled residence, tells police that she saw a woman carrying a big shopping bag and wearing sunglasses peering through the windows of the house before it was broken into.

Question: If the police put Ann in a lineup, can they ask her to carry a big shopping bag and wear sunglasses?

Answer: Yes, but the police should also require others in the lineup to wear sunglasses and carry a large shopping bag.

Case Example 2: Bob Tooket, arrested for armed robbery, is about to be part of a lineup. The police will ask all the lineup participants, including Bob, to read a statement consisting of the words uttered by the robber. Bob knows that the police have the right to ask him to read the statement. However, Bob is thinking about refusing to do it anyway.

Question: Is this a wise tactic on Bob's part?

Answer: No. Bob is probably hoping that witnesses are less likely to identify him if they can't hear his voice. However, since the other lineup participants will read the statement, Bob's ploy may lead the witnesses to focus on him and figure that he's the robber. Also, even if the witness doesn't identify Bob, his noncooperation can be used as evidence of his guilt if the case gets to trial.

22. What are Some of the Ways a Lineup Might Be Conducted Unfairly?

Courts have found some lineups to be unfair or "impermissibly suggestive" where:

· The defendant is the only person in a lineup who resembles the witness' description of the perpetrator. For example, the witness described the perpetrator as African-American and the defendant is the only African-American in the lineup.

· The police plant clues pointing to the person they want witnesses to identify—for instance, the defendant is the only person in handcuffs.

· The police allow witnesses to talk to each other—either before entering the lineup viewing room or in the viewing room itself if police practice is to conduct group IDs.

· The police or prosecutor help the witnesses to identify a particular suspect as the perpetrator.

23. Can Police Behavior Before a Lineup Make the Lineup Unfair?

Yes. Police should make sure that witnesses do not talk to each other before a lineup, and should resist speaking to witnesses in a way that influences an identification. For example, it's improper for a police officer to say something like, "I want you to pay particular attention to Number Three." Furthermore, police should be careful that witnesses don't see one lineup participant in shackles and another roaming free. The witness might naturally conclude the former is the perpetrator and the latter a police officer.

Case Example: Detective Joyce is bringing the defendant, Ali Bhye, from the jailhouse lockup to participate in a lineup. Bhye is still handcuffed. The detective purposely walks Bhye through a waiting room (on the way to the lineup), knowing that the victim is in the waiting room. None of the other participants in the lineup have been walked past the victim in handcuffs.

Question: Do Officer Joyce's actions make the lineup unfair?

Answer: Yes. Seeing Bhye in handcuffs is likely to suggest to the victim that Bhye is guilty. The danger is that the victim will identify whomever the police have "selected" as the guilty party, rather than comparing all the people in a lineup to the victim's memory of the crime.

Photographing Lineups

Many police departments routinely photograph or videotape lineups to head off unjustified defense claims that they were unfairly conducted. However, since noticeable differences between a suspect and other lineup participants often exist, many defense attorneys photograph lineups themselves—when the police don't—so they can use the discrepancies to attack the identification at trial.

回答1或者翻译2－3，均给分，答案回复可见。

1、根据本文，那些列队指认做法不公平？
2、 To give witnesses the best opportunity to make a reliable identification, police officers often dress lineup participants according to how witnesses say a perpetrator was dressed at the time of the crime.
3、Police should make sure that witnesses do not talk to each other before a lineup, and should resist speaking to witnesses in a way that influences an identification.

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以下为回复可见内容

1、无标准答案。
2、为了让证人有更大的机会指认出嫌疑犯，指认结果更可靠，警察常常根据证人所说罪犯作案时的穿着，让参加队列指认的人照此穿着。
3、警察应该确保在队列指认前，证人之间没有交流，还应该避免自己与证人的谈话影响指认结果。

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