IDENTIFICATION OF SUSPECTS IN CRIMINAL CASES

• NCJ Number: 55642
• Journal: MEDICO-LEGAL JOURNAL Volume: 44 Dated: PART 4(1977) Pages: 126-140
• Author(s): P D KNIGHTS
• Date Published: 1976
• Length: 16 pages
• Corporate Author: Dramrite Printers Ltd
• Publication Format: Article
• Language: English
• Country: United Kingdom
• Note: SPEECH PRESENTED AT A MEETING OF THE MEDICO-LEGAL SOCIETY AT THE ROYAL SOCIETY OF MEDICINE ON MAY 13, 1976

Annotation

THE WORK AND RECOMMENDATIONS OF A BRITISH TASK FORCE THAT STUDIED THE LAW AND PROCEDURE RELATING TO IDENTIFICATION OF SUSPECTS IN CRIMINAL CASES ARE DISCUSSED BY A MEMBER OF THE TASK FORCE.

Abstract

THE DISCUSSION IS IN THE FORM OF A TALK DELIVERED BEFORE THE MEDICO-LEGAL SOCIETY OF BRITAIN, IN WHICH THE SPEAKER DISCUSSES THE BACKGROUND AND CONTENT OF WHAT IS KNOWN AS THE DEVLIN REPORT. THE DEVLIN REPORT AND THE WORK THAT LED TO IT CAME ABOUT IN THE WAKE OF TWO MISCONVICTIONS IN WHICH THE SUSPECTS WERE WRONGLY IDENTIFIED. IN ONE CASE, THE LEGAL SYSTEM FAILED TO FUNCTION PROPERLY. IN THE OTHER, THE SYSTEM WAS RELATIVELY EFFICIENT BUT THE SUSPECT WAS STILL WRONGLY IDENTIFIED--BY MANY DIFFERENT WITNESSES. THE TASK FORCE WORKED FOR 2 YEARS, HOLDING 30 MEETINGS, EXAMINING DOCUMENTS, AND HEARING TESTIMONY FROM OFFICIALS AND PRIVATE CITIZENS. UNLIKE OTHER GROUPS THAT HAVE STUDIED THE IDENTIFICATION PROBLEM, THE DEVLIN GROUP DID NOT RECOMMEND AN ABSOLUTE REQUIREMENT THAT NO DEFENDANT BE CONVICTED SOLELY ON EVIDENCE OF IDENTIFICATION. IT WAS DECIDED THAT REQUIRING CORROBORATION IN EVERY CASE WHERE IDENTITY WAS IN DISPUTE WOULD CUT UNREASONABLY THE NUMBER OF CONVICTIONS THAT WOULD BE OBTAINED. THE DEVLIN REPORT'S MAIN RECOMMENDATION IS THAT JUDGES BE REQUIRED BY LAW TO EXPLAIN TO JURIES THAT IDENTIFICATION EVIDENCE MUST ALWAYS BE CONSIDERED SUSPECT. THE REPORT DOES SUGGEST THAT CONVICTIONS BASED SOLELY ON IDENTIFICATION EVIDENCE BE HELD TO A MINIMUM. OTHER RECOMMENDATIONS WOULD HAVE THE EFFECT OF TURNING THE POLICE LINEUP (IDENTIFICATION PARADE) INTO A QUASI-JUDICIAL PROCEEDING, IN WHICH FORMAL COLLECTION OF IDENTIFICATION EVIDENCE WOULD TAKE PLACE (AS OPPOSED TO RELIANCE ON WITNESS' IDENTIFICATION OF DEFENDANTS IN THE COURTROOM). THE DEVLIN REPORT ALSO RECOMMENDS IMPROVEMENTS IN LINEUP PROCEDURES AND RECORDKEEPING AND DEFINES THE ROLES OF POLICE AND DEFENSE ATTORNEYS IN DEALING WITH ALIBIS. IT ADDRESSES THE MISGUIDED BELIEF THAT, IF 16 OUT OF 20 WITNESSES DO NOT IDENTIFY THE ACCUSED IN A LINEUP AND 4 DO, THE 4 ARE RIGHT AND THE 16 ARE WRONG. A QUESTION-AND-ANSWER SESSION THAT FOLLOWED THE PRESENTATION IS DOCUMENTED. (LKM)