CHICAGO POLICE VIDEO-RECORDING LINEUPS AND PHOTO ARRAYS UNDER NEW LAW Chicago police have begun video-recording lineups under a new state law that aims to curb any possible bias in this iconic evidence-gathering technique that goes back generations. Under the change, detectives also must video-record when crime victims or witnesses are shown photo arrays — mug shots of a suspect mixed in with those of five others with similar looks. In another safeguard, the law calls for a detective with no ties to a particular investigation to carry out the video-recording of any police lineups or photo arrays for that case. The changes are the result of a state law that took effect Jan. 1 and affects police departments across Illinois. It comes at a time that Chicago police have scaled back on their use of the traditional lineup — a staple of crime dramas on TV and in movies that dates to at least 19th-century Britain. Detectives increasingly rely on photo spreads since they are much easier and less time-consuming than lineups. The intent of the new law is to limit concerns over detectives intentionally or inadvertently clueing witnesses on which person to pick out as the bad guy. Any comments by witnesses while attempting to identify a suspect during lineups or photo arrays also would be captured on audio as well as video. However, witnesses can refuse to be recorded. Both lineups and photo spreads have proven to be controversial over the years. According to the New York-based Innocence Project, almost three-fourths of the 325 convictions overturned across the country since 1989 because of DNA evidence involved false identifications — many the result of improper lineups or photo arrays. Just last month, the city of Chicago approved a $7.63 million payout to settle a lawsuit by Dean Cage, who was wrongly convicted of rape after the victim had identified him in a police lineup. The move to video lineups and photo spreads marks another step in the increasing use of technology by police — either because of legal requirements or voluntarily — to document its criminal investigations. For years, detectives have been video-recording interrogations of murder suspects as well as statements by some witnesses. And the department is currently preparing to launch a pilot program for its officers to wear body cameras. Legal experts applauded the latest reforms, saying the videos should make identification procedures more transparent. Theres no substitute for knowing whats going on than seeing it, said Karen Daniel, director of Northwestern Universitys Center on Wrongful Convictions. We have the technology to do it. Everybody videotapes everything. Why would we not videotape these important procedures? A Chicago police spokesman declined to make department officials available to discuss the impact of the new law. But sources in the detective division said the logistics of how the video-recordings will work — including who will operate the camera or who will make sure its even working properly — are still being worked out. Last month, Cook County prosecutors talked to Chicago detectives about how to apply the new law to their police work. The Tribune obtained a copy of their PowerPoint presentation. In seeking the approval of witnesses to be videoed and audio-recorded, the detective handling the lineup will explain that the purpose is for accurately documenting all statements made. If a witness refuses to be recorded, the lineups would instead be photographed, according to the prosecutors presentation. A detective with no ties to the case, known as an independent administrator, would oversee the lineup or photo array and would not know the identity of the suspect. Witnesses would be told that. According to the prosecutors presentation, the law allows detectives to bypass video lineups or even using an independent administrator if its not practical — if a working camera or a detective with no connection to the case isnt available, for instance. But in those cases, that would allow suspects lawyers to raise questions at trial about why the lineup or photo array had not been videoed. In addition, the law does not require that police video so-called show ups — when a witness makes a face-to-face identification of a suspect, usually on the street shortly after a crime. Experts said the use of the independent administrators should be a marked improvement over past practices. Detectives who have a stake in a case may inadvertently tip off a witness to the identity of a suspect while conducting lineups or photo spreads, they said. Roy Malpass, a professor emeritus of psychology at the University of Texas at El Paso, said even subtle gestures — scratching a nose or clearing a throat — could be misread and influence a witness. Having an independent administrator pretty much, unless done terribly incompetently, just resolves a whole bunch of questions, said Malpass, an expert on witness identifications. I think its worthwhile to have those questions off the table. Malpass also emphasized it would be best if the actions of the independent administrator were video-recorded during lineups and photo arrays in addition to the witness. Without that safeguard, you cant answer the question of whether the officer did any pointing or made any gestures, he said. They are questions that a good defense attorney is bound to ask. James Tunick, a veteran criminal defense lawyer in Chicago, considers the new law a major move to improve the credibility of identification procedures. He said it will give lawyers the ability to better cross-examine witnesses because theyll know what witnesses told authorities at the time of lineups or photo spreads. You can actually see the persons initial identification, which would be the closest at the time during the crime, Tunick said. Its just a more thorough ability to actually see the process. Source: chicagotribune/news/ct-videotaping-police-lineups-met-20150116-story.html
Posted on: Mon, 19 Jan 2015 23:53:21 +0000
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