Though Highly Controversial Police Use Show Up Identifications ✓ Solved

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Though highly controversial, police use show-up identifications in several situations. Consider this scenario: You are called to a local drug store for a shoplifter that just ran out the door. The only thing you know about the suspect is that he is wearing blue jeans and a red shirt, and that he was headed toward the West. On your way to the drug store you see someone matching this description running west. You stop the person but are still unsure if he is the shoplifter.

Would a show-up identification be appropriate in this scenario to identify if the detained person is the suspect? If not, why not and what would a more appropriate procedure be? If so, why, and how can you work to reduce the suggestibility of the procedure when the witness comes to identify him?

Paper For Above Instructions

In criminal investigations, accurate identification of suspects is crucial, especially in fast-paced situations such as this shoplifting scenario. Show-up identifications, where a witness is presented with a suspect shortly after the crime, can be divisive in their methodology and effectiveness. In the described scenario, a show-up identification is arguably appropriate; however, there are substantial concerns that need to be addressed to minimize the potential for misidentification.

Firstly, one must consider the principle of immediate identification. Show-up identifications are generally used when a suspect is apprehended close in time to the commission of the crime. In this scenario, because the police have acted swiftly to detain a person matching the theft’s description, they might legitimately argue that a show-up identification will help in confirming or disconfirming the suspect's identity. This aligns with law enforcement protocols aimed at reducing the likelihood of wrongful identifications.

However, the downside of show-up identifications is their inherent suggestibility to eyewitnesses. When conducting a show-up identification, police must ensure that the procedures used do not lead the witness to feel coerced into selecting the apprehended suspect. Some best practices include:

  • Ensuring that the witness is unaware of any suspect's apprehension to mitigate bias.

  • Presenting the suspect in a neutral manner, avoiding any leading comments or cues.

  • Allowing the witness to know that the suspect may or may not be the perpetrator.

  • Documenting the witness's confidence in their identification decision immediately to maintain integrity.

When the suspect is presented to the witness, the witness should ideally have the opportunity to view the suspect in a live lineup or photograph array where multiple individuals are shown. This reduces the suggestive nature of show-up identifications while still allowing for prompt witness input. A photo lineup, as opposed to a live show-up, allows for the assessment of multiple options, providing a broader context that may improve accuracy (Lindsay & Wells, 1985).

Nevertheless, there are situations where show-up identifications might cross ethical lines, leading to wrongful accusations. For example, if the police have already indicated to the witness the details surrounding the apprehension of the suspect, this can create biases that affect the witness’s choice. For instance, if the police have mentioned that they believe they have apprehended the right person, this can lead the eyewitness to lean towards selecting that individual due to perceived authority and suggestion.

Moreover, it is essential to recognize the limitations of memory and its influence on identifying suspects. Research indicates that memory malleability can result in alterations to recollections based on various factors, including stress, time elapsed, and suggestive police communication. Therefore, utilizing cognitive interviewing—an evidence-based technique that enhances recall—before any identification process can result in the collection of accurate witness information while understanding their mental state and confidence (Fisher & Geiselman, 1992).

To summarize, while show-up identifications can indeed be appropriate given the need for immediate suspect identification post-crime, there must be rigorous protocols in place to mitigate suggestibility and reduce the risk of wrongful identification. The element of witness confidence, the presence of alternative suspects, and minimizing bias must all be considered pivotal in ensuring both the integrity of the identification process and the fairness of the treatment of accused individuals. Law enforcement officers must be thoroughly trained on these protocols to prevent miscarriages of justice and to uphold the standards of the legal system.

References

  • Fisher, R. P., & Geiselman, R. E. (1992). Memory Retrieval Enhanced: The Cognitive Interview. In Eyewitness Testimony: Psychological Perspectives (pp. 245-272). New York: Guilford Press.

  • Lindsay, R. C. L., & Wells, G. L. (1985). Improving the Eyewitness Identification Procedure: A Psychological Perspective. American Psychologist, 40(5), 568-578.

  • Wells, G. L., & Olson, E. A. (2003). Eyewitness Testimony. In Handbook of Psychology: Forensic Psychology (Vol. 11, pp. 149-179). Hoboken, NJ: Wiley.

  • Steblay, N. K. (1997). A Meta-Analytic Review of the Effects of Pretrial Publicity on Juror Verdicts. Law and Human Behavior, 21(3), 301-322.

  • Wells, G. L., & Turtle, J. W. (1986). Perception and Memory for Faces: Some Implications for the Law. Law and Human Behavior, 10(3), 287-303.

  • Malpass, R. S., & Devine, P. (1981). Eyewitness Identification: Theoretical and Practical Considerations. Psychological Bulletin, 90(3), 322-350.

  • Elsaesser, C. (2017). The Effect of Suggestive Interrogations on Eyewitness Memory: The Role of Confidence and Memory Disturbance. Applied Cognitive Psychology, 31(5), 563-575.

  • False Memory Syndrome Foundation. (1998). Guidelines for Eyewitness Identification. Retrieved from http://www.fmsfonline.org/.

  • National Institute of Justice. (1999). Eyewitness Evidence: A Trainer's Manual for Law Enforcement. Washington, D.C.: U.S. Department of Justice.

  • Lindsay, R. C. L., & Read, J. D. (1994). Effects of Descriptive Labels and Static Images on Accuracy of Identification from Photo Arrays. Journal of Applied Psychology, 79(3), 427-438.

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