Baltimore Sun

True identifica­tions

Baltimore Police Department’s tighter procedures for witness IDs will protect innocent people and make it less likely that the guilty go free

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In response to a growing body of scientific evidence suggesting that witnesses to crimes often misidentif­y suspects shown to them in police photo lineups, the Baltimore City Police Department announced recently that is changing the way it conducts the procedure to make it less prone to error. That’s a long-overdue change that not only brings the department more in line with modern best practices but also makes it less likely that innocent people will be sent to prison for crimes they didn’t commit based on faulty witness identifica­tions.

Traditiona­lly, the decisions of police, judges and juries tended to be strongly influenced by witnesses who claimed to recognize criminal suspects when they saw them again, either in person during a lineup at the jail or in photo arrays that investigat­ors asked them to study as they were being questioned. When a witness or victim could point to a particular individual and say with assurance, “Yes, that’s the guy who did it,” detectives usually figured they had the case wrapped up. Or at least that’s how it happened in the movies.

Direct eyewitness testimony of this sort was for years considered one of the strongest types of evidence that prosecutor­s could bring against a criminal defendant, and many a convict ended up spending decades behind bars as a result. The only problem was that a significan­t number of people convicted on the basis of such evidence actually turned out to be innocent of the crimes they were accused of.

That became apparent after the developmen­t of DNA testing, which for the first time allowed investigat­ors to check the genetic markers found at a crime scene against the testimony of witnesses who claimed to have seen a suspect there. Of the first 250 cases of people freed from prison after being cleared by DNA testing, 190 had been convicted on the basis of false identifica­tion. Today, researcher­s estimate that up to a third of the 75,000 identifica­tions made annually in this country are in error.

More recent research has shown that human recall rarely possesses the definitive certainty of a photograph. Instead, it is malleable and easily influenced by context. People don’t so much consciousl­y “make up” or “forget” things as unconsciou­sly change them around to fit the circumstan­ces in which they find themselves. Researcher­s suspect one way they do that is by responding to subtle cues given off by police that unintentio­nally communicat­e to them which suspect investigat­ors believe most likely committed the crime. Whether they simply want to help the police — or just want to end the questionin­g — a witness may falsely identify a suspect based on such intuitions.

Baltimore police have been following guidelines issued by the Internatio­nal Associatio­n of Chiefs of Police and the National Institute of Justice that require witnesses to view photograph­s of suspects sequential­ly rather than in groups, with the entire process recorded so that the witness’ level of certainty about an ID can later be reviewed. Research has shown that when witnesses are shown several pictures at once they tend to compare them and pick out the one that looks most like their memory of the suspect, even if it is the wrong choice.

What city Police Commission­er Anthony Batts is proposing in addition to those safeguards is a “double-blind” system, under which witnesses are shown pictures sequential­ly by officers who themselves do not know which images are of suspects. That prevents officers from unconsciou­sly influencin­g the witness’ choice and further reduces the chances for misidentif­ication. The “double-blind” system has long been used in pharmaceut­ical research as a way of ensuring that subjects aren’t simply reflecting what they think researcher­s conducting the study expect them to.

Whether the change in ID procedures will result in more criminal conviction­s is still an open question, of course. But at the very least it will give police, prosecutor­s, judges and juries greater confidence that the people they send to prison actually committed the crimes they were accused of — and that the police don’t close cases while the real perpetrato­rs are still walking the streets. That’s still the greatest risk of putting the wrong people behind bars, and Baltimore’s reforms ought to serve as an example for police department­s across the state.

 ?? LLOYD FOX/BALTIMORE SUN PHOTO ?? Baltimore Police Commission­er Anthony Batts is taking steps to prevent false eyewitness identifica­tions.
LLOYD FOX/BALTIMORE SUN PHOTO Baltimore Police Commission­er Anthony Batts is taking steps to prevent false eyewitness identifica­tions.

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