Photo Spread analysis involves a systemic organization of a compilation of photographs in a spreadsheet for a particular purpose (Doyle, 2010). In the criminal justice system, this analysis involves identifying perpetrators of crime by an eyewitness. Photo spreads are primarily instrumental in cases where assailants or perpetrators are unknown to the victim. Photo spreads in the identification parades have increased in the recent past. The police department plays a significant role in conducting a photo spread in the most acceptable manner. The photo spread’s preparation is carried out by the officer in charge (also known as the lineup administrator) or the investigating officers in the case of more than one investigator. In most cases, the officer in charge will not usually be the one to conduct the photo identification procedures. Therefore, he is required to present the photos to another agent for that purpose. The reason for the aforementioned is to ensure that the accused suffers no prejudice. Since the agent knows the perpetrator’s identity, any gestures, signals, or cues from him will influence the witness’s testimony and thereby prove to be prejudicial to the culprit’s case.
Secondly, it is important to understand the compilation of photos in a photo spread. In composing the photo spread, the officer is required to ensure that the accused person does not stand out (Garrod, 2008). Accordingly, the investigator should include persons (fillers) who as much as possible resemble the perpetrator’s identity. In cases where there is an insufficient description of the perpetrator, as in the case of Vicky and Dennis, fillers with significant features that resemble the accused should be included in the composition. An investigator is also required to include that photo that resembles the suspect the most. For instance, the Attorney General’s Guidelines on Photo Spread Analysis in the State of New Jersey require police officers to utilize a minimum of five fillers per identification procedure. The spreads usually consist of six photographs (2″ X 2″) of the head, neck, and upper chest (Garrod, 2008). In addition, writings of previous arrests should not be visible to the witness. The last requirement is for the preservation of the photos in their original condition.
As far as the standard basis of the above procedures are concerned, there should be established guidelines in conducting identification procedures. The reason for compiling the photo spread in the above manner is to increase its evidentiary value and to decrease the shortcomings of the negative identification of the offender.
Thirdly, it is important to gain an understanding of the display of photo spreads. There are two ways of presenting photo spreads: simultaneous and sequential. Simultaneous photo lineups refer to the display of several photographs to a witness per session. On the other hand, sequential photo lineups refer to presenting one photo at a time to a witness during an identification process (Garrod, 2008). However, there is a paradigm shift towards sequential photo lineups since studies have shown that witnesses tend to compare individuals in simultaneous photo lineups and pick the ones that most resemble the perpetrator. This notion explains why witnesses mistakenly pick out persons whom they honestly (but wrongly) think are the perpetrators from lineups where the perpetrator is even absent.
Only one suspect per identification procedure is required. Additionally, in the case of more than one witness, the placement of the suspect is in different positions for each photo lineup. Further, the photos are viewed separately, one at a time and randomly. The Guidelines require a display of all the photos available during the identification procedure, even if the witness identifies the perpetrator before the conclusion of the exercise.
Fourthly, identifying facts from the scenario that could prevent the witnesses from identifying an offender is necessary. Indeed, the correctness of eyewitness identification is dependent on a number of variables (Doyle, 2010). Among the variables, include memory and perception, among others. Firstly, the facts reveal that, at the time of the crime, the suspect accosted Vicky from behind. Therefore, she obviously did not get a good look at her assailant. Although the victim managed to see the side of the suspect’s face, the perpetrator was already on his heels. This notion suggests that she may not have had an unequivocal view of his face in order to positively identify the offender.
Finally, identifying inconsistencies in the descriptions of the assailant that could prove to be wrong facts in the prosecution’s case and possible explanations for the discrepancies is imperative. The first inconsistency has to do with the height description. Vicky describes the assailant as being close to six feet “tall” while William describes him as being “short,” perhaps 5 feet 10 inches (Garrod, 2008). This discrepancy could harm the prosecution’s case as the defense could assert that the persons described by the witnesses are two different individuals. However, this inconsistency can be explained away by paying due regard to the height differences of the witnesses. William being relatively tall, and Vicky short cannot define the perpetrator’s height the same way Vicky would. The primary concern in perception is that “that which is perceived sticks in the mind.” (Doyle, 2010). Secondly, the witnesses’ description of the assailant’s hair color is another inconsistency. William described the hair as being brown while Vicky described him as being a dark blonde-haired person. Color-blindness, a condition prevalent in men, can explain the above discrepancy. Men with color-blindness usually cannot tell apart different hues in color.
References
Doyle, J. M. (2010). Learning errors criminal justice. The Journal of Criminal Law and Criminology, 109-148.
Garrod, B. (2008). Exploring place perception a photo-based analysis. Annals of Tourism Research, 35(2), 381-401.