EYEWITNESS IDENTIFICATION
...istics should be as similar as possible. (Age, height, body weight, build or body type are all factors that should be taken into consideration.) Lineup participants should be similar in attitude. If you have someone who looks sad and depressed and another person who looks happy and energetic, then who would you most likely to choose? All investigators and officials should be aware to keep comments to there selves when the eyewitness is trying to make his identification. Every lineup procedure needs to be recorded. Everything needs to recorded such as who was in the room, what was in the room at the time, or any comments that people have made within the room. Color photographs and when possible sound and video recordings should be taken as proof. In most cases the suspect is allowed to have an attorney. If the suspect has a Miranda or another right to an attorney, he or she must be informed of that! They also must be told that a lawyer will be provided for them free of charge if they cannot afford one. A suspect may also waive there right to have an attorney if they do not want one present. The attorney is allowed to associate with the suspect and is allowed to be present while the lineup is being conducted. The attorney is not allowed to control the process but must only stand there and observe. The attorney is allowed to be present when the witness informs the investigator whether or not he or she was able to make the identification! While the lineup is being conducted, the attorney is not allowed to say any kind of comment that could help the witness at all. (Such as, “that is not him“, “remember you said he was wearing such and such on that night.”. Etc) One on One lineups are only allowed if the witness is wounded or in danger of death. The on call physician must make the call and give permission to do so. If everybody is short of time, then a one on one lineup is also valid. Ju...