The importance of eyewitness identification cannot be overstated. It has been the primary piece of evidence used in trials across the country for over a century. There is nothing more compelling to a jury than a victim or a witness pointing to the defendant and telling all those present that the individual sitting at the defense table committed the crime. However, since the advent of DNA technology in the late 1980's, there have been 280 exonerations to date of persons previously convicted in criminal court. These persons have been adjudged as actually innocent. What is important to us in the criminal justice community is the fact that we understand that our past practices may have led to wrongful convictions and that there are improved methods to employ to prevent further injustices. A dual injustice occurs when we convict an innocent person while the guilt person is still free to commit more crimes against your community. Scrutiny must occur across the spectrum and on all levels of criminal investigations so that further injustices may be reduced or avoided. If your law enforcement agency has not added an eyewitness identification policy and training program, now is the time to make those changes. We offer what we believe to be improved methods that go beyond what is outlined in the Department of Justice Guide. These improved methods come from many years of research, recommendations and what current practitioners of those methods have told us today work very well. We strongly believe that the identification method that should be employed today is to conduct a sequential double blind line up and/or photo array. This method of identifying perpetrators is the best practice for law enforcement to reduce the chances of further misidentifications and wrongful convictions. This publication, based on the authors successful training programs, presents a complete overview of the use of Eyewitness Evidence in criminal investigations, the problems that face law enforcement and offer suggestions to over come those problems.
About the Author: Captain Ken Patenaude is a thirty-one year veteran of the Northampton, Massachusetts Police Department, retiring in January 2010. Captain Patenaude holds a Bachelor's Degree in Law Enforcement and a Master's Degree in Criminal Justice Administration from Western New England University. He has been recognized for his outstanding service as a member of the Department of Justice, Technical Working Group for Eyewitness Evidence. He played a key role in developing Eyewitness Evidence; A Guide for Law Enforcement, and to police departments on how to conduct criminal investigation interviews, show-ups, and lineups. Captain Patenaude is a co-author of the eyewitness evidence instructional guide and training manual, and a published author of eyewitness evidence articles. He has lectured extensively on Eyewitness Evidence Procedures for numerous criminal justice agencies and organizations across the country. He has been invited to speak to a number of District Attorney's offices, Law Enforcement Agencies and Private Organizations, as well as Criminal Public Defense Attorney's. Sergeant Paul Carroll (retired) is a thirty-one year law enforcement veteran with over twenty-two year's detective division experience with the Chicago Police Department investigating and supervising investigations of death investigations, sexual assaults and robberies. He has authored numerous articles on criminal investigations. Sgt. Carroll is a consultant to police departments, coroner's offices, prosecutors, public defenders, defense attorneys and the U.S. Department of Justice. He has traveled to El Salvador as a consultant to the Detective Division of the National Police (PNC) and the Independent Complaint Directorate (ICD) of the South African Police Service (SAPS), the agency charged with investigating government corruption, deaths in custody or as a result of police action. Sgt. Carroll was a planning panel member of three Technical Working Groups for the Department of Justice and is a co-author of Crime Scene Investigation and Eyewitness Evidence, references for law enforcement training. He is a frequent lecturer, having given hundreds of lectures over the last thirteen years at law schools, public defender's meetings, police departments and other venues. Sgt. Carroll is a graduate of the 171st session of the prestigious FBI National Academy. He has appeared on America's Most Wanted, Dateline NBC, Court TV and the HBO America Undercover series.