Police Guidelines: Pretrial Eyewitness Identification Procedures

Police Guidelines: Pretrial Eyewitness Identification Procedures

Criminal Law Series, Study Paper (1983)
Law Reform Commission of Canada — Neil Brooks

Background

This comprehensive study examined the reliability of eyewitness identification procedures used by Canadian police forces. The research revealed alarming statistics: Professor Borchard's study of 65 wrongful convictions found that in 29 cases, mistaken eyewitness identification was largely responsible, with many cases showing no resemblance between the wrongfully convicted person and the actual criminal. The study also found that jurors place undue reliance on eyewitness testimony — in one English study, 74% of people were convicted when eyewitness testimony was the only substantial evidence against them.

Issues

1. How can police identification procedures be standardized to reduce wrongful convictions?
2. What psychological factors affect the reliability of eyewitness testimony?
3. How should suspects' rights be protected during identification procedures?

Key Findings

The study established that eyewitness testimony is inherently unreliable due to psychological factors including perceptual filling-in, memory distortion, and the influence of suggestion. Cross-examination is often ineffective at exposing these reliability issues because many variables affecting accuracy cannot be exposed through questioning. The research showed that witnesses often fill in missing details unconsciously and become progressively more certain of their identification over time, even when initially uncertain. Most significantly, psychological studies demonstrated that honest, well-meaning witnesses can be completely mistaken in their identifications.

Recommended Guidelines

The Commission proposed comprehensive guidelines including: lineups must be held except in special circumstances; witnesses should be separated and not discuss the suspect's appearance; police officers must not suggest the suspect's identity; proper records must be maintained; suspects have the right to counsel; and identification procedures should follow a hierarchy of reliability (lineup preferred over photographic display, which is preferred over confrontation). The guidelines emphasize that the most reliable procedure available should always be used.

Key Takeaway

Eyewitness identification is the leading cause of wrongful convictions, despite being highly trusted by juries.

Anyone facing charges based on eyewitness identification should understand that this evidence, while compelling to juries, is scientifically proven to be unreliable. The procedures used by police during identification can significantly impact reliability — improper lineups, suggestive comments, or failure to follow proper protocols can create or reinforce mistaken identifications. Defendants should carefully examine how any identification procedure was conducted and whether proper safeguards were followed.