Exam 16: Identification Procedures

Correct Answer:

Verified

The police interact with the witnesses while taking statements and conducting identification procedures. It is important that the police conduct the procedure fairly and do not try to influence the decision of the witness. Prior to any viewing of people or photographs, the witness must be told that the person who committed the crime may or may not be presented. Care should be taken to avoid giving the witness the impression that the police have determined that the criminal is there. Any form of coach of the witnesses is prohibited. Witnesses must be made to understand that the identification should be based on their memory of the crime and not comments by the police or other people. Witnesses who observed properly conducted identification procedures may testify about them in court. The prosecution may call those who selected the defendant; if someone else was selected, the defense will call the person who made that identification to the stand. The Supreme Court has ruled that witnesses who participated in improperly conducted identification procedures may testify. The Harmless Error Rule will be applied if testimony is given about the improper procedure. They can make an in-court identification of the defendant if they can base that testimony on recollections of the crime scene and not the identification procedure that was inadmissible. The Fruit of the Poisonous Tree Doctrine will be applied by the appellate court when evaluating this testimony.