Visual identification evidence in criminal proceedings

Abstract

Testimony, being one of the principal items of judicial evidence has a very important bearing on the outcome of a criminal trial. A statement made by a witness is taken to be evidence of the truth and consequently the witness is a very important person at the trial. Eyewitness testimony is one of the principal means of identification evidence and thus plays a crucial part in criminal proceedings. Nonetheless, it is also widely acknowledged that visual identification evidence may often represent a very unreliable and dangerous form of evidence. This analysis will focus on the identification of the accused and thus the identification of objects does not fall within the purview of this study. As an introductory basis to this study, an outline of the various means of identification will be made. A comprehensive picture will thus be provided, placing visual identification evidence in its context. Some of the problems associated with such means of identification will be briefly outlined. The frailties of eyewitness testimony are discussed in Chapter 2, dealing with the reliability of such evidence. Various factors potentially affecting eyewitness accuracy are analysed. A comparison is also made between visual and voice identification, given that both forms of identification evidence are based exclusively on memory. This Chapter while depicting the various risks associated with visual identification, also makes an emphasis on the special need for caution when assessing such evidence, in that such evidence may also be highly reliable. Throughout this study, the positions prevailing under English, Maltese and Italian Law will be analysed. An in-depth examination is primarily conducted of English Law due to its huge influence on the position prevailing in Malta. This forms the subject of Chapter 3. The great concerns evidenced by a notorious miscarriage of justice are dealt with, together with the resulting innovations. The major innovations, namely the Turnbull guidelines and the Code of Practice dealing with visual identifications evidence are methodically analysed and discussed. The question of admissibility of such evidence and the weight to be attached to a dock identification are also dealt with. Visual identification evidence is very scarcely regulated under Maltese Law. In effect there are only two provisions dealing with such evidence, namely Section 648 of the Criminal Code and Section 74 of the Police Act, which provisions will be analytically discussed in Chapter 4. The Courts' approach in cases involving eyewitness testimony will also be scrutinised in order to try and determine the prevailing practice in this area, given the lack of regulation. The law and practice under Italian Law will form the subject of Chapter 5. The relevant provisions concerning visual identification evidence found in the Codice di Procedura Penale will be analysed. In this manner the position of another legal system will be illustrated, thus enabling a comparison to be made between the three legal systems examined in this study. An overall evaluation of the various issues raised in this study will be made in the concluding Chapter 6. Possible reforms are proposed in order to fill the various lacunae present under Maltese Law in relation to the police investigative procedures in eyewitness testimony. The need for statutory provisions laying down effective investigative procedures will be discussed.