Identification Of Perpetrator

• Dying Declaration- At the scene, usually identified  to law enforcement upon arrival at an  assault in progress or immediately there after. Time of identification is immediately noted as well as  the location and conditions. The statement of the identifying witness is also noted as well as any responses by the apprehended. There may be a dying declaration (very rare) but it would only be valid if the victim was made aware that death was imminent. 
• A show up- Immediately after the incident with perpetrator apprehended at or near the scene. Called a show-up because the witness is brought to the detained. If possible the detained should not be handcuffed nor in a police car. Time is noted, location of the show-up and the witness' statement. 
• A line up- At a line-up where there are anywhere from four to five others standing in the lineup. The lineup should consist of others similar in age, skin color, clothing, height and weight. If height is an issue with the "fillers", then all in the lineup are usually asked to sit down in evenly spaced chairs. If hair length is an issue, caps may be issued to all. If clothing is an issue, gowns may be obtained at the local hospital and all asked to wear. The witnesses will not be told that the perpetrator is in the lineup rather a bland "do you see any one you recognize" may be asked. If witness recognizes someone he will identify the subject by number and asked "where have you seen the individual marked by the number _.
• Mug Shots- Viewing photos. A "hit"  will lead to the apprehension of the suspect and a line-up will usually be conducted unless the victim/witness positively knew the suspect identified.
• Photo Arrays- Viewing photo arrays is similar to viewing a line-up only an array of photos with the suspect and the fillers if shown to the victim/witness. A hit (identification) will lead to a line-up. The array is drawn when the detective has a suspect in mind and wants to show the photo to the victim/witness in a manner that will not be viewed as suggestive.

A witness is taken to an office called CATCH. There are several of these offices at various precincts throughout the city.  At CATCH, he or she will sit at a computer and view what may be hundreds of photos in an attempt to identify the subject being sought. The detective may be present  or makes an appointment for the witness to go view the photos. After a brief interview with the witness, a monitor (usually a civilian employee of the NYPD) inputs pedigree information  (race, age, height, weight, type of crime, etc) and the computer will generate the photos to be viewed. They can be viewed one at a time or up to six at a time ( like an array). If the witness identifies a photo, he or she is asked how certain on a scale of 1 to 10. A high degree of certainty will give the detective cause to seek the subject and place him in a line-up. Keep in mind that the witness may be trying to identify someone of interest to the investigation and not necessarily a perpetrator. The type of crime or a particular area  may be used in certain cases (robbery, burglary, Manhattan, Bronx, 33rd Pct, 28th Pct, etc) to narrow down the search.

Manually constructed NYPD photo array

The array is composed by placing 6 photos inside a jacket that is then folded. This is an array that was shown to a witness during a homicide investigation. At about the time the array was manually composed, available hard photos were scarce due to the NYPD's computerization of   "mugshot" photos. At one time there were filing cabinets full of photos in a squad office to choose from. Since hard photos were scarce for this array, note that there are discrepancies that can be challenged in a Wade Hearing. For example the hair difference between # 6 and the others and the background between subject # 2 and the others.  The detective would have to testify that at that time the photos used to compose the array were the best he had. There may be many reasons for a manually constructed array, one being that the photo of the subject under investigation is the only one available and there is no available mugshot of that subject. 

A computer generated photo array.

 The detective provides certain pedigree questions (race, age, height, weight, etc) and the computer generates an array. The detective can select from an assorted number of photos generated by the computer if the array generated is not fair (one photo may have a person with a huge scar on his face). The array is numbered for future retrieval from the system and  cannot be altered or deleted. Note that subject numbers 1 and 2 have a striking similarity. At no time will the detective inform the witness that the subject under investigation is in the array, he will simply ask if he or she can identify anyone on the array.

In the real world of the New York City Police Department nothing is ever that easy. A line-up is the subject and usually 5  "fillers" are in a room and that's where the similarity end. Keeping in mind that there will probably be a Wade Hearing regarding this line-up, the integrity of the line-up will be first and foremost. All involved in a line-up can either be standing, or if height is an issue (the subject is 7 feet tall and fillers are anywhere between 5 foot nothing and 6 feet) then they all sit on chairs. If clothing is an issue, they wear gowns usually obtained from a local hospital, and if the hair is an issue they wear caps. The line-up must be not be seen as unduly suggestive and just like the photo array, a detective may have to testify that the fillers he used for the line-up were the best he could come up with!

The subject is asked to pick a number and he sits according  to sequence numbers one thru six. If he has retained an  attorney and wants the attorney present for the line-up, the detective will usually give the attorney ample time to respond. Since it is not a requirement that the attorney be present, the line-up will be conducted without the attorney if time is an issue. The line-up is conducted at the convenience of the victim / witness and the detective. 

The victim witness will view the line-up through a two-way mirror from a viewing room. A detective is usually inside the line-up room and another detective will be in the viewing room with the witness as well as a supervisor. The witness will not be given suggestive questions ("see number 5, how does he look?"). Rather a bland "do you see anyone you recognize" will be asked. If the victim/witness identifies a number ("yes, number 3") he will be asked  "on a scale of 1 thru 10 how would you rate your certainty?" He will also be asked "where have you know number 3 from?". At this point the detective is looking for the identification ( "number 3 is the man I saw shoot the victim"). If a less conclusive identification is given such as "number 3 is the man I saw", the witness/victim will be asked to elaborate such as "what did you see him do?" What is being sought is a 100% identification of the subject. If there is more than one witness, great care will be taken so that a witness that has viewed a line-up will not come in contact with one that has not viewed the line-up.

The Composite Sketch

In 1993 a bicyclist in Riverside Park in Manhattan discovered a suitcase containing the body of a young female. Two days prior to that, a witness had observed a local homeless man and another male dragging a shopping cart containing a suitcase towards the park. She found it rather strange and got a good look at the male that accompanied the homeless male. The witness was taken to Police Headquarters where a composite drawing of this male was made with one of NYPD's more experienced artists. Several days later the male was arrested and charged for the homicide. He was subsequently convicted. How accurate was the composite? You be the judge!