Departments with an out of date Policy & Procedure will have a very tough time convincing a court that they were unaware of the new requirements. Similarly, if a department has a detective and he or she has not been trained in the latest requirements, any motion for Summary Judgment based on "Qualified Immunity" is likely to fail. If a department allows officers to conduct a photo array, line-up, show-up, or other eyewitness identification procedure and fails to be sure all such officers are properly trained, in addition to a challenge in the criminal case, a claim for negligent training is likely to result.
Faulty eyewitness identification accounts for more erroneous convictions than all other factors combined, and eyewitnesses often report difficulty in picking out the right suspect. This course teaches new and seasoned investigators alike the techniques and procedures recommended by the Attorney General's Technical Working Group for Eyewitness Evidence. Handouts include a model policy on eyewitness identification and instruction forms for use with show-ups, photos arrays and live line-ups.
In the recent SJC case of Com v. Silva-Santiago where the defendant challenged the state police use of old photo array techniques (simultaneous, no blind administrator, no standard instructions, etc). The court stated, We decline at this time to hold that the absence of any protocol or comparable warnings to the eyewitnesses requires that the identifications be found inadmissible, but we expect such protocols to be used in the future.
ALL detectives should be up on eyewitness identification reform, should be able to talk intelligently about it on the stand, and should use the new methods.
Prior Class Comments:
"This was one of the most pertinent and to the point classes I have taken in a long time. The material and instructions provided a road-map on how to deal with future issues that we will inevitably deal with in the near future. Bill is a very good instructor for cops because he has proven himself."
Instructor: Deputy Chief William G. Brooks, Wellesley Police Department
Please park across the street at Shaw’s
Other locations & dates:
Plymouth PD - April 13th - Click here to sign up