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Pretrial Identification

Pretrial Identification. Composite sketches can be used when suspect is unknown. When police lack probable cause for an arrest or exigent circumstances are present, a showup (where a victim or witness views a suspect singly, not in a group) is admissible. Pretrail ID.

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Pretrial Identification

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  1. Pretrial Identification • Composite sketches can be used when suspect is unknown. • When police lack probable cause for an arrest or exigent circumstances are present, a showup (where a victim or witness views a suspect singly, not in a group) is admissible.

  2. Pretrail ID • When a suspect is in custody or has been charged with a crime, lineups are used. • When police have photos of a suspect, photo arrays can be shown (must have six or more persons and must be alike in age, race, size, and dress).

  3. Other Identification Circumstances • Identification might occur in an inadvertent confrontation by a witness or a victim, or • An in-court identification.

  4. The Forensic Artist · A forensic artist is called in when a sketch of a person is needed to notify the public that he/she is missing, identify a suspect, or eliminate a suspect. · Usually, the forensic artist goes about his/her job by carefully listening to an eyewitness or victim’s description of the missing person, then accurately translating his/her depiction into a composite drawing. Picture: www.ppdonline.org/ ppd_reports.htm · This sketch is then put on flyers, and given to the police, television news stations, etc. in order to help with the search.

  5. Forensic Artist Levels of qualifications • 120 hours of education: 80 hours of composite art from an approved school and 40 hours in related courses • A minimum of five years with a bona fide law enforcement agency • Five successful composite drawings (hits), including written description of case specifics and how the drawings were completed • Three letters of recommendation, one from a supervisor certifying the submitted drawing samples • A written, practical, and verbal exam including an "on the spot" composite sketch based on a pre-selected photographed "suspect"

  6. In the United States, forensic artists are also trained in • human anatomy • odontology (study of teeth) • Age progression • Psychology • 3D imagery. • Their talents are called upon for courtroom sketches, "wanted" posters, drafting crime scenes, medical drawings for autopsies, and facial reconstruction from skulls.

  7. https://www.youtube.com/watch?v=ZG_XTFczArg Composite artistry 7min

  8. Forensic Artist and Missing Children · If a child is missing for a long period of time, or an unidentified skeleton of a missing child is found, the forensic artist is called upon to help make a sketch of the missing child. · In cases like these, when the forensic artist needs to work from an old photograph or a skull, a facial reconstruction artist is called to help. Picture: www.headsketch.com · The facial reconstruction artist uses either a 2D or 3D technique to construct the face of a missing child from a skeleton, or an old photo. Picture: www.epm.ornl.gov/viz/apps/f-skull.jpg

  9. 2-Dimensional Facial Reconstruction Procedures: · The unidentified skull is placed on a stand, in the Frankfort Horizontal position. · Tissue markers are placed on the skull. · A ruler is placed beside the skull. · Photos are taken of the skull’s frontal and profile views. · The photos are taped side by side, in the Frankfort Horizontal position, on two separate flat wooden boards. · Transparent natural vellum sheets are taped down on top of the photographs. · Following the skull’s natural contours, and using tissue markers as guidelines, the forensic artist creates a sketch of the unidentified person. · Approximate measurements for the mouth, nose, and eyes are made. · Hair type, and style are determined by other evidence collected from the crime scene that give clues as to the kind of life the unidentified person led. Picture: www.crimelibrary.com/forensics/art/images/Two-dimensional-facial-reco.jpg

  10. Age Progression If a child is missing for an extensive period of time, and only outdated pictures are available; a forensic artist may use age progression to help in the identification process. Procedure: - An outdated picture or sketch of child is period of time is obtained. - Information is gathered on the suspect or victim, such as: lifestyle, genetics (for weight considerations) and occupations, etc. - The artist produces an educated estimation on how the individual should look. Picture: www.missingkids.com/assets/images/age.jpg Picture: www.cnnw.net/~nmclc/Pca24.JPG

  11. Computer Generated Age Progression · If computer software is used, the artist can use image enhance to add features such as eyeglasses, mustaches, beards, hats, different hair styles, and numerous other items on the photo. · Computer programs such as Photoshop are used to paint directly on a digitized photograph of the victim. Picture: www.chilhavisto.rai.it/CLV/img/ C/Celentano/grandi/AGING.JPG Picture: www.ncsd.com/MissingChildren/mort-today.JPG

  12. https://www.youtube.com/watch?v=ZG_XTFczArg 7min

  13. Find the Animal Face

  14. Forensic Artist • Let’s give it a try….

  15. Study this photo for 30 seconds

  16. Now use your police sketch pieces to create the face. Add in your own sketches

  17. How do Descriptions of the Suspect Help officers? • They can give the police reasonable suspicion to perform “stops” in the neighborhood and elsewhere • The descriptions may be compared to descriptions given by witnesses and victims.

  18. How do Descriptions of the Suspect Help Officers? (Cont.) • Detailed descriptions matching the defendants can significantly increase the reliability of identifications made later by victims and witnesses. • Testimony by the investigating officers (and victims/witnesses) in court concerning prior descriptions provides important evidence for the juries and judges.

  19. Determining the Reliability of Identification Evidence: Neil v. Biggers Guidelines • When eyewitness identification evidence is presented, defense lawyers can cross-examine the ID witnesses, and can argue, in summation, as to factors causing doubts in the accuracy of the identification.

  20. Lineups • Lineupsare fairly formal, and usually occur after charges have been filed and occur in a police station instead of “in the field.” Suspects DO have the right to an attorney at this point.

  21. Using lineupsto obtain identification evidence • Judges’ rules for lineups: • Lineups should be used whenever practical and must be used in situations where showups would not be authorized. • Lineups not only minimize suggestions but also increase the reliability of the identification evidence. • They are used to test recognition in a manner that avoids suggestiveness.

  22. Photo “Lineups” • Suspect is not present; only their photograph is viewed • The court has said the police must use at least 8 “suspects” to compare from • Witnesses must view the photo’s independently of any other witnesses • The photographic array must be maintained for court purposes

  23. Photo “Lineups” • Photographs must not be “suggestive” to identify the suspect. • Photographs should be shown one photo at a time and the person showing the photos should not have knowledge of which photo is the suspect.

  24. Obtaining identification evidence by other means • Sketches can be done by an artist or with identi-kit with the assistance of one witness or the input of a number of witnesses. • Surveillance cameras, cell phones, cameras, and camcorders • Unusual features: tattoos, scars, etc. • Clothing • Voice identification

  25. Obtaining Evidence by Other Means (Cont.) • Spectrograms/“voice printing” • Fingerprint and DNA banks • Amber Alert System • Biometrics

  26. Introduction to Biometrics tomorrow

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