LINE-UP IN BRITISH CRIMINAL PROCEDURE - COMMENTS ON THE DEVLIN REPORT ABOUT THE VISUAL IDENTIFICATION OF CRIMINALS

• NCJ Number: 64004
• Journal: ZEITSCHRIFT FUER DIE GESAMTE STRAFRECHTSWISSENSCHAFT Volume: 27 Issue: 3 Dated: (1977) Pages: 849-869
• Author(s): H SCHROTH
• Date Published: 1977
• Length: 21 pages
• Corporate Author: Walter de Gruyter & Co
• Publication Format: Article
• Language: German
• Country: West Germany (Former)
• Note: REPORT TO THE SECRETARY OF STATE FOR THE HOME DEPARTMENT OF THE DEPARTMENTAL COMMITTEE OF IDENTIFICATION IN CRIMINAL CASES, 1976 - GREAT BRITAIN

Annotation

RECOMMENDATIONS OF THE BRITISH DEVLIN REPORT ON THE DEEMPHASIS OF THE LINE-UP AS A MEANS OF IDENTIFYING OFFENDERS ARE DISCUSSED.

Abstract

VISUAL IDENTIFICATION OF OFFENDERS BY WITNESSES IS RECOGNIZED IN ENGLAND AS ONE OF THE GREATEST SOURCES OF MISCARRIAGES OF JUSTICE. THE LINE-UP HAS EXISTED IN ENGLAND FOR ABOUT 100 YEARS, AND IN KEEPING WITH COMMON LAW, THE RULES FOR THE PROCEDURE ARE NOT WRITTEN. CONFRONTATION OF THE WITNESS WITH THE SUSPECT IS NOT IN ANY CASE PERMITTED. THE DEVLIN REPORT PROPOSES THAT WRITTEN LEGAL NORMS BE ESTABLISHED AND THAT THE LINE-UP ONLY BE USED WHEN NO OTHER MEANS OF PROOF IS AVAILABLE, AS THE ABILITY OF INDIVIDUALS TO RECOGNIZE OFFENDERS ACCURATELY FROM MEMORY VARIES CONSIDERABLY, ESPECIALLY WHEN A NUMBER OF SIMILAR INDIVIDUALS ARE VIEWED. THE IDENTIFICATION METHOD IS TO BE EMPLOYED PRIMARILY FOR PRELIMINARY HEARINGS; IN THE MAIN TRIAL THE ACCUSER MUST PROVE THAT THE ACCUSED IS THE OFFENDER. DOCK IDENTIFICATION (I.E., IDENTIFICATION OF THE OFFENDER IN THE COURTROOM DURING THE MAIN TRIAL WITHOUT PRIOR DESCRIPTION OR LINE-UP) IS TO BE AVOIDED. THE REQUIREMENT THAT LINE-UP IDENTIFICATION THE CORROBORATED IN THE MAIN TRIAL DOES NOT ENSURE THAT MISIDENTIFICATIONS WILL BE AVOIDED. THE DEVLIN COMMITTEE SUPPORTS THE NOTION THAT JUDGES IN THEIR SUMMING UP SHOULD CAREFULLY WEIGH THE CREDIBILITY OF A SINGLE WITNESS WHO HAS IDENTIFIED AN ALLEGED OFFENDER; JUDGES' INSTRUCTIONS TO THE JURY MUST EXPLAIN THAT WITNESS IDENTIFICATION IS NOT SUFFICIENT FOR CONVICTION WITHOUT ADDITIONAL PROOF UNLESS THE CASE IS EXCEPTIONAL. THE VALUE OF THE LINE-UP AS PROOF IS THUS CONSIDERABLY DIMINISHED. NOTES ARE SUPPLIED. --IN GERMAN. (KMD)