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NCJRS Abstract

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NCJ Number: 63370 Find in a Library
Title: CRIMINAL LAW REFORM COMMITTEE ON IDENTIFICATION REPORT - NEW ZEALAND
Author(s): ANON
Corporate Author: New Zealand Criminal Law Reform Cmtte
New Zealand
Date Published: 1978
Page Count: 46
Sponsoring Agency: National Institute of Justice/
Rockville, MD 20849
New Zealand Criminal Law Reform Cmtte
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Language: English
Country: New Zealand
Annotation: NEW ZEALAND'S CRIMINAL LAW REFORM COMMITTEE EVALUATES REGULATIONS FOR VISUAL IDENTIFICATION PRACTICES DURING PRETRIAL INVESTIGATIONS AND AS EVIDENCE AT TRIALS. RECOMMENDATIONS ARE MADE TO MODIFY RULES AND PROCEDURES.
Abstract: THE PURPOSE OF THE COMMITTEE'S REVIEW IS TO TEST THE ADEQUACY OF THE SAFEGUARDS WHICH OPERATE TO REDUCE THE RISK OF WRONGFUL CONVICTION, AND MODIFY THEM ACCORDINGLY. THE COMMITTEE RECOMMENDS THAT A REGULATION CONCERNING SUSPECTS' DRESS BE EXCLUDED FROM PARADE PROCEDURES, AND THAT SUSPECTS' RIGHTS ON PARADE MUST BE MADE CLEAR. THEY ALSO MAY REFUSE TO TAKE PART IN A LINE-UP. THE PARADE MAY BE PHOTOGRAPHED UPON THE SUSPECT'S REQUEST; PHOTOGRAPHS USED BY POLICE FOR IDENTIFICATION MUST BE DOCUMENTED. POLICE SHOULD MAKE A WRITTEN RECORD OF VERBAL DESCRIPTIONS BY WITNESSES. POLICE COMMENTS TO WITNESSES DRUING LINE-UPS SHOULD AVOID DRAWING ATTENTION TO SUSPECTS' SPECIFIC FEATURES. RECOMMENDED STATUTORY PROVISIONS INCLUDE THE OBLIGATION TO SUPPLY THE DEFENSE WITH ANY IDENTIFICATION MATERIAL IN THE FORM OF PHOTOGRAPHS, DRAWINGS, OR DESCRIPTIONS UPON REQUEST, UNLESS THE JUDGE RULES TO THE CONTRARY. WITNESSES' IDENTIFICATION MAY BE CORROBORATED AT COURT BY PRETRIAL DESCRIPTIONS GIVEN TO THE POLICE. WHEN THE CASE AGAINST A SUSPECT DEPENDS LARGELY ON VISUAL IDENTIFICATION, THE JUDGE MUST CAUTION THE JURY BEFORE CONVICTING THE ACCUSED. THE PRINCIPLES RECOMMENDED APPLY TO MAGISTRATES' COURTS AS WELL AS TO TRIALS OF INDICTMENT. POLICE RULES FOR SUSPECT IDENTIFICATION ARE APPENDED. (MRK)
Index Term(s): Criminal investigation; Evidence identification; Jury instructions; Line-up; New Zealand; Rules of evidence; Suspect identification; Trial courts
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=63370

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