EVIDENCE OF IDENTITY - MEMORANDUM OF EVIDENCE TO LORD DEVLIN'S COMMITTEE

• NCJ Number: 29629
• Author(s): ANON
• Date Published: 1974
• Length: 27 pages
• Corporate Author: Justice - British Section of the International Cmssn of Jurists
• Sale Source: Justice - British Section of the International Cmssn of Jurists
• Publication Type: Report (Study/Research)
• Language: English
• Country: United Kingdom

Annotation

REPORT PREPARED BY THE BRITISH 'JUSTICE' COMMITTEE ON EVIDENCE ON SUSPECT IDENTIFICATION, THE USE OF LINEUPS, AND THE INHERENT PROCEDURAL DANGERS OF MISTAKEN IDENTITY, PLUS RECOMMENDATIONS FOR PROCEDURAL SAFEGUARDS.

Abstract

THIS DISCUSSION, CONFINED TO THE IDENTIFICATION OF SUSPECTS HITHERTO UNKNOWN TO ANY OF THE WITNESSES, COVERS THE RULES OF EVIDENCE, MODEL PROCEDURES, AND THE RIGHTS OF THE ACCUSED IN LINEUPS. OTHER AREAS TREATED INCLUDE UNSATISFACTORY MEANS OF IDENTIFICATION, THE USE OF PHOTOGRAPHS FOR PRELIMINARY SUSPECT IDENTIFICATION, DEFENSE COUNSEL ACCESSIBILITY TO IDENTIFICATION EVIDENCE (BOTH POSITIVE AND NEGATIVE), CORROBORATION OF EVIDENCE, AND NOTICE OF AN ALIBI DEFENSE. THE 20 PROCEDURAL SAFEGUARDS RECOMMENDED INCLUDE GIVING SUSPECTS THE RIGHT TO REQUEST LINEUP IDENTIFICATIONS AND TO HAVE THEIR ATTORNEYS PRESENT AND STATUTORILY REQUIRING CORROBORATION FOR ALL DISPUTED EVIDENCE OF IDENTIFICATION. THE APPENDIX CONTAINS BRIEF SUMMARIES OF FIVE BRITISH CASES INVOLVING IRREGULARITIES IN IDENTIFICATION PROCEDURES, MISTAKEN IDENTITY, AND WRONGFUL CONVICTION.