Eyewitness blues

    August 4, 2004
    Providence Journal


    The many instances of wrongful convictions that have been unearthed -- sometimes decades after the fact -- across America speaks to the need to improve investigatory and prosecutorial procedures. These include the identification of suspects by eyewitnesses, who are known to often be unreliable.

    William Keating, the district attorney of Norfolk County, Mass., has taken the initiative with proposed changes in how "line-ups" are conducted. As moviegoers know, in the traditional line-up, the witness sits next to a detective in a darkened amphitheater with a one-way screen or other device making them invisible to those being viewed. On the other side of the screen, several people stand under bright lights, including the one the police suspect of being the bad guy.

    In the movies the witness has no trouble picking out the perpetrator. But in real life, subtle forms of communication and pressure have been known to influence witnesses into making false identifications. Or witnesses may incorrectly assume that there must be a perpetrator in the line-up, and identify the one with only a passing resemblance to the real one. They say that they are sure when they really aren't.

    To avoid any possibility of suggestion, District Attorney Keating wants officers conducting line-ups to themselves not know which face is the real suspect. He also wants witnesses shown potential suspects' pictures one at a time, rather than in the tradional line-up.

    Such changes in procedure have produced more accurate identifications in other states. Mr. Keating's proposals have been well received by police departments and defense lawyersin Norfolk County. They should be standard operating procedure across Massachusetts.



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