Eyewitness ID reform legislative updates
In a move that has drawn scant little press, North Carolina earlier this month began requiring “independent administrators” to run lineups there. “The law also requires the lineup to have fillers — people who are not suspects in the crime that look like the suspect.” The new law also lays out a couple of additional procedures that address the desires of potentially “over helpful” witnesses.
“Before photo lineups are presented in order, witnesses are told:
*That the lineup may not contain the suspect,
*That the independent lineup administrator does not know the suspect’s identity,
*That witnesses should not feel like they must make an identification, and
*That investigation continues whether an identification is made or not.”
The Eyewitness Identification Reform blog notes that the Nutmeg state may soon be joining North Carolina:
Legislators in Connecticut will consider a bill today that would require that lineups be conducted by an officer unaware of the identity of the suspect so as to avoid suggestion, as is the norm in scientific study, and also to present lineup photos sequentially (one at a time), rather than simultaneously. In order for the bill to reach the full assembly for a vote, it would have to make it out of the Judiciary Committee by 5:00 today.
Finally, proposed changes similar to those in Connecticut are before the legislature in Kentucky where HB 298 is moving ahead. The proposed improvements to eyewitness identification procedures include:
- the blind administration of the eyewitness identification procedure;
- the provision of instructions to the eyewitness;
- the appropriate selection of non-suspect, or filler, photographs/individuals;
- taking confidence statements upon identification;
- the video-recording of the entire procedure; and
- the sequential presentation of line-up members to the eyewitness.
Of all these stories what I am most curious about is the lack of coverage of the changes to the procedures in North Carolina. Indeed, the changes in North Carolina don’t seem to have drawn serious opposition once they made it through the legislature.
Tags: cj reform, eyewitness id reform
