18.11.2019 – Law of Evidence
Identification Evidence and Defendant’s Lies
Identification Evidence
• Eyewitness identification – calling an eyewitness to testify as to whom they saw
• Forensic or scientific analysis, e.g. of samples found at the scene can be through
DNA, bodily fluids etc.
• Photographic images, including CCTV or video footage
• Circumstantial evidence of opportunity = only specific person has access to specific
room or specific thing
• Witnesses will testify on something they have seen or heard.
Eyewitness Identification Evidence
• Most common form of identification evidence
• Is highly persuasive on the jury: eyewitness is convinced it was X, Eyewitness has no
reason to lie – or be doubted, Jury convinced by eyewitness
• Adolf Beck Case 1904 – several female eyewitnesses who claimed he was the
perpetrator and he was not.
• Eyewitnesses are not always as reliable as we thing and scientific evidence proves
this.
• Law has to be stricter as to the admissibility of the evidence and how should the
judge direct the jury with regard to the identification in a particular case
• Need CODE D of PACE 1984
Identification Evidence Problems
• The Witness’ Perceptions = eye sight or state of mind of particular person may not
be good or correct, memory or perception can be messed up. Research shows you’re
more likely to look at weapon rather than face of perpetrator.
• Environmental Factors = could happen at night, dark raining, could give you incorrect
perception
• Outside Influences = more time passes from an event then less chance your memory
will be as good, something read or heard in newspaper = influence from other
sources
Legal Response
• Strict procedural rules
• Safeguards for the accused
• In Code of Practice D to the 1984 PACE Act
• Topic breaks down into two parts: Investigation Stage of case identifying a
suspect = e.g. police photos and ID parade
, • Use of ID evidence at Trial – mandatory jury warning – R v Turnbull
INVESTIGATIVE PROCEDURES
Types of Identification Evidence
• Initial description to police = eyewitness must give this and later on can see if it
matches suspect.
• Police photo fit = what they create if they do not know the suspect
• Police ‘mug shots’
• CCTV footage (could also be fingerprints, DNA, etc)
Police Action depends on…
• If the police do not have/have a named or known suspect:
• Cases where the suspects identity is not known; simply a witness that has seen
someone
• Cases where the suspect is known but not available;
• Cases where the suspect is known and available;
Definition of known
• “A suspect becomes known to the police when there is sufficient information known
to the police to justify the arrestor a particular person for suspected involvement in
the offence. Code D, paragraph 3.4”
Availability
• “The person is immediately available to take part in the procedure or will become
available within a reasonably short time” (Code D, paragraph 3.4)
• Failure or refusal to take part in ID procedure
• Attempts to obscure self during ID procedure.
Identity of Perpetrator not known:
• Code D paragraphs 3.2
• Witness to give a description of perpetrator before pointing anyone out
• Police not directing witness to particular person
• Keep witnesses apart in ID process = prevent collusion
• Full records made and kept of process
• Weather conditions = keep record of this to help with making sure if identification
will be correct
Identification Evidence and Defendant’s Lies
Identification Evidence
• Eyewitness identification – calling an eyewitness to testify as to whom they saw
• Forensic or scientific analysis, e.g. of samples found at the scene can be through
DNA, bodily fluids etc.
• Photographic images, including CCTV or video footage
• Circumstantial evidence of opportunity = only specific person has access to specific
room or specific thing
• Witnesses will testify on something they have seen or heard.
Eyewitness Identification Evidence
• Most common form of identification evidence
• Is highly persuasive on the jury: eyewitness is convinced it was X, Eyewitness has no
reason to lie – or be doubted, Jury convinced by eyewitness
• Adolf Beck Case 1904 – several female eyewitnesses who claimed he was the
perpetrator and he was not.
• Eyewitnesses are not always as reliable as we thing and scientific evidence proves
this.
• Law has to be stricter as to the admissibility of the evidence and how should the
judge direct the jury with regard to the identification in a particular case
• Need CODE D of PACE 1984
Identification Evidence Problems
• The Witness’ Perceptions = eye sight or state of mind of particular person may not
be good or correct, memory or perception can be messed up. Research shows you’re
more likely to look at weapon rather than face of perpetrator.
• Environmental Factors = could happen at night, dark raining, could give you incorrect
perception
• Outside Influences = more time passes from an event then less chance your memory
will be as good, something read or heard in newspaper = influence from other
sources
Legal Response
• Strict procedural rules
• Safeguards for the accused
• In Code of Practice D to the 1984 PACE Act
• Topic breaks down into two parts: Investigation Stage of case identifying a
suspect = e.g. police photos and ID parade
, • Use of ID evidence at Trial – mandatory jury warning – R v Turnbull
INVESTIGATIVE PROCEDURES
Types of Identification Evidence
• Initial description to police = eyewitness must give this and later on can see if it
matches suspect.
• Police photo fit = what they create if they do not know the suspect
• Police ‘mug shots’
• CCTV footage (could also be fingerprints, DNA, etc)
Police Action depends on…
• If the police do not have/have a named or known suspect:
• Cases where the suspects identity is not known; simply a witness that has seen
someone
• Cases where the suspect is known but not available;
• Cases where the suspect is known and available;
Definition of known
• “A suspect becomes known to the police when there is sufficient information known
to the police to justify the arrestor a particular person for suspected involvement in
the offence. Code D, paragraph 3.4”
Availability
• “The person is immediately available to take part in the procedure or will become
available within a reasonably short time” (Code D, paragraph 3.4)
• Failure or refusal to take part in ID procedure
• Attempts to obscure self during ID procedure.
Identity of Perpetrator not known:
• Code D paragraphs 3.2
• Witness to give a description of perpetrator before pointing anyone out
• Police not directing witness to particular person
• Keep witnesses apart in ID process = prevent collusion
• Full records made and kept of process
• Weather conditions = keep record of this to help with making sure if identification
will be correct
