Folder Shuffle Method – A method of administering a photo array such that the administrator cannot see or track which photograph is being presented to the witness until after the procedure is completed. This method is employed when a blind procedure is not possible. Fillers – Non-suspect photographs or persons. Fillers are selected to both fit the description of the perpetrator provided by the witness and to ensure that no individual or photo stands out. Illiterate Person – An individual who speaks and understands English but cannot read and write in English. Interpreter – An interpreter is a person who is fluent in English and the language of the witness or victim and who facilitates communication between two parties in two different languages. The term includes persons who facilitate communication with persons who are deaf, hearing impaired, or speaking impaired. Live lineup – An identification procedure in which a group of persons is displayed to the witness or victim in order to identify or exclude the suspect. Person with Limited English Proficiency – An individual who is unable to communicate effectively in English with a level of fluency that is typical of native English speakers. Such a person may have difficulty speaking, reading, or writing in English and includes persons who can comprehend English, but are physically unable to talk or write. Photo Array – An identification procedure in which a series of photographs is displayed to the witness or victim in order to identify or exclude the suspect. Sequential Live Lineup or Photo Array – An identification procedure in which the persons in the live lineup or the photographs in the photo array are displayed one by one (sequentially). Show-up – An identification procedure in which a single suspect is shown to a victim or witness soon after the commission of a crime for the purpose of identifying or eliminating the suspect as the perpetrator. Witness Certification Statement – A written statement that is read out loud to the witness or victim describing the procedures of the identification process. Selecting the Best Identification Method Photo arrays are preferred over other techniques because: (a) they can be controlled better, (b) nervousness can be minimized, and (c) they are easier to manage logistically.
Document Consent to Participate Witnesses should then be asked to read the following additional paragraph and sign and date below. I have read these instructions, or they have been read to me, and I understand the instructions. I am prepared to review the photographs, and I will follow the instructions provided on this form. Some witnesses may decline to sign. When a witness declines to sign, it is sufficient for the investigating officer to document that the witness was appropriately instructed. Presentation of Photographs Present each photo to the witness separately (one at a time), in order. When the witness is finished viewing the photo, have the witness hand the photo back. Question Witness After the witness has looked at a photo and handed it back to you, ask: “Is this the person you saw [insert description of act here]?" If the witness answers "Yes," ask the witness, “In your own words, can you describe how certain you are?” Document Witness’s Responses Document the witness’s response using the witness’s own words. Have the witness complete the appropriate section of the Witness Certification Statement to reflect the outcome of the procedure. Show All Photographs Even if the witness makes an identification, show the witness the next photo until you have gone through all the photographs. If a witness asks why he or she must view the rest of the photos, despite already making an identification, simply tell the witness that to assure objectivity and reliability, the witness is required to view all of the photographs. Avoid Feedback During the Procedure Do not give the witness any feedback regarding the individual selected or comment on the outcome of the identification procedure in any way. Be aware that witnesses may perceive such things as unintentional voice inflection or prolonged eye contact, in addition to off-hand words or phrases, as messages