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This subsection covers photo mug books and displays that use computerized
imaging systems.
NOTE: “Mug books” (i.e., collections of photos of previously arrested persons)
may be used in cases in which a suspect has not yet been determined
and other reliable sources have been exhausted. This technique may
provide investigative leads, but results should be evaluated with caution.
Principle: Nonsuggestive composition of a mug book may enable
the witness to provide a lead in a case in which no suspect has been
determined and other reliable sources have been exhausted.
Policy: The investigator/mug book preparer should compose the mug
book in such a manner that individual photos are not suggestive.
Procedure: In selecting photos to be preserved in a mug book, the
preparer should—
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Group photos by format (e.g., color or black and white; Polaroid,
35mm, or digital; video) to ensure that no photo unduly stands out.
![Bullet](images/eye.gif) | All photos should be the same format so that no individual photo
stands out to a witness. For example, one color photo shown
among a group of black-and-white photos might suggest to a witness
that the color photo is of a more recent offender and, therefore,
more likely to be the perpetrator of a recent crime. Also,
different photo formats show varying levels of detail.
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Select photos of individuals that are uniform with regard to general
physical characteristics (e.g., race, age, sex).
![Bullet](images/eye.gif) | A witness will usually have an idea of a perpetrator’s general
physical characteristics, so sorting mug books by race, age, or
sex can facilitate the witness’s task (i.e., the witness will not
need to look through photos of young black females when the
perpetrator was described as a middle-aged white male).
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Consider grouping photos by specific crime (e.g., sexual assault,
gang activity).
![Bullet](images/eye.gif) | This can also facilitate the witness’s task. For example, sex
offenders tend to be recidivists, so a collection of photos of sex
offenders may be useful to a witness/victim of a sexual assault.
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Ensure that positive identifying information exists for all individuals
portrayed.
![Bullet](images/eye.gif) | If a witness selects a photo, identifying information will be needed
for subsequent investigation, departmental records, and/or to
provide the information for court purposes.
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Use reasonably contemporary photos.
![Bullet](images/eye.gif) | This is necessary because appearances change over time.
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Use only one photo of each individual in the mug book.
![Bullet](images/eye.gif) | The presence of more than one photo of an individual in a mug
book increases the chances of that individual being selected by a
witness, thereby increasing the suggestiveness of the procedure.
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IMPORTANT:
Emphasize that the
purpose of this step
is to minimize the
suggestiveness of the
procedure.
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Summary: Mug books should be objectively compiled to yield investigative
leads that will be admissible in court.
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NOTE: Composite images can be beneficial investigative tools. However,
they are rarely used as stand-alone evidence.
Principle: Composites provide a depiction that may be used to develop
investigative leads.
Policy: The person preparing the composite should select and employ
the composite technique in such a manner that the witness’s description
is reasonably depicted.
Procedure: The person preparing the composite should—
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Assess the ability of the witness to provide a description of the
perpetrator.
![Bullet](images/eye.gif) | Assess the physical and mental state of the witness at both the
time of the procedure and the time of the incident to determine
if any conditions are or were present that could interfere with
the witness’s ability to give an adequate description of the
perpetrator.
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Select the procedure to be used from those available (e.g., identikit-type,
artist, or computer-generated images).
![Bullet](images/eye.gif) | This choice may be based on the equipment, training, and
experience available in each department or jurisdiction.
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Unless part of the procedure, avoid showing the witness any photos
immediately prior to development of the composite.
![Bullet](images/eye.gif) | Showing photos to the witness immediately prior to the procedure
could influence the description he/she provides.
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Select an environment for conducting the procedure that minimizes
distractions.
![Bullet](images/eye.gif) | This will enable the witness to concentrate and provide a more
detailed and complete description.
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Conduct the procedure with each witness separately.
![Bullet](images/eye.gif) | Witnesses must be separated so they are not influenced by
descriptions others provide.
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Determine with the witness whether the composite is a reasonable
representation of the perpetrator.
![Bullet](images/eye.gif) | Allowing the witness to view the completed composite gives the
witness an opportunity to suggest changes and may thereby
produce a better likeness of the perpetrator. It also allows the
witness to state whether the image is a reasonable likeness of the
perpetrator. For example, the witness can be asked to rate the
image as to its accuracy and/or its potential usefulness.
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Summary: The use of composite images can yield investigative leads in
cases in which no suspect has been determined. Use of these procedures
can facilitate obtaining from the witness a description that will enable the
development of a reasonable likeness of the perpetrator.
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Principle: Instructions to the witness prior to conducting the procedure
can facilitate the witness’s recollection of the perpetrator.
Policy: The investigator/person conducting the procedure should provide
instructions to the witness prior to conducting the procedure.
Procedure:
Mug Book: The investigator/person conducting the procedure should—
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Instruct each witness without other persons present.
![Bullet](images/eye.gif) | This minimizes distractions and allows the witness to
concentrate.
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Describe the mug book to the witness only as a “collection of
photographs.”
![Bullet](images/eye.gif) | The witness should not be told anything that might influence
his/her decision to choose a photo, such as the fact that the individuals
portrayed have arrest records, the offenses for which the
individuals were arrested, or the geographical area with which
they are associated.
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Instruct the witness that the person who committed the crime may
or may not be present in the mug book.
![Bullet](images/eye.gif) | This is important so that the witness will not feel pressured to
make a selection even if none of the photos resemble the perpetrator.
This also will help to prevent a misidentification.
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Show Slide 59 >>
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IMPORTANT:
Emphasize that the
witness should not feel
pressured to select a
photo. |
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Consider suggesting to the witness to think back to the event and
his/her frame of mind at the time.
![Bullet](images/eye.gif) | Recreating the circumstances of the event makes memory more
accessible. Instruct the witness to think about his/her thoughts
and feelings at the time of the incident.
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Instruct the witness to select a photograph if he/she can and to state
how he/she knows the person if he/she can.
![Bullet](images/eye.gif) | Witnesses may recognize a photo for reasons other than it being
a photo of the perpetrator. Therefore, it is important to determine
how or from where the witness knows the depicted individual.
For example, the witness may recognize someone he/she just
saw in the precinct lobby.
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Assure the witness that regardless of whether he/she makes an
identification, the police will continue to investigate the case.
![Bullet](images/eye.gif) | This will help the witness to relax and help to alleviate any
pressure the witness may feel to make a selection.
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Instruct the witness that the procedure requires the investigator to
ask the witness to state, in his/her own words, how certain he/she is
of any identification.
![Bullet](images/eye.gif) | It can be helpful to have some indication of how certain the
witness is at the time of the identification. This can be useful in
assessing the likelihood of whether or not the identification is
accurate. Later, the witness’s certainty might be influenced by
other factors.
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![Bullet](images/eye.gif) | It is not necessary for the witness to give a number to express
his/her certainty. Some witnesses will spontaneously include
information about certainty (e.g., “That’s him, I KNOW that’s
him,” or, “It could be that one”). If the witness does not volunteer
information about certainty, then the witness can be asked
to state certainty in his/her own words. A question such as,
“How do you know this individual?” will often lead the witness
to express his/her certainty. If a statement of certainty is not
obtained, then the investigator can follow up with the question,
“How certain are you?”
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NOTE: If a witness selects a photo from the mug book, using that same
photo in a later identification procedure with that same witness can lead
to challenges to that procedure. Using a different or more recent photo
in a followup procedure may be acceptable.
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Show Slide 61 >>
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IMPORTANT:
Emphasize the importance
of recording a
certainty statement. |
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Composite: The investigator/person conducting the procedure should—
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Instruct each witness without other persons present.
![Bullet](images/eye.gif) | This minimizes distractions and allows the witness to
concentrate.
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Explain the type of composite technique to be used.
![Bullet](images/eye.gif) | The witness needs to understand what will be required of
him/her.
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Explain to the witness how the composite will be used in the
investigation.
![Bullet](images/eye.gif) | This will help the witness understand that the purpose of the
composite is to develop investigative leads.
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Instruct the witness to think back to the event and his/her frame of
mind at the time.
![Bullet](images/eye.gif) | Recreating the circumstances of the event makes memory more
accessible. Instruct the witness to think about his/her thoughts
and feelings at the time of the incident.
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Summary: Providing instructions to the witness can improve his/her
comfort level and can result in information that may assist the
investigation.
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Principle: Documentation of the procedure provides an accurate record
of the results obtained from the witness.
Policy: The person conducting the procedure should preserve the outcome
of the procedure by accurately documenting the type of procedure(s) employed and the results.
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Procedure: The person conducting the procedure should—
- Document the procedure employed (e.g., identikit-type, mug book,
artist, computer-generated image) in writing.
- Document the results of the procedure in writing, including
the witness’s own words regarding how certain he/she is of any
identification.
- Document items used and preserve composites generated.
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NOTE:
These procedures should
be reviewed, however
an elaborate explanation
is not necessary.
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Show Slide 66 >>
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Summary: Documentation of the procedure and its outcome can be
an important factor in the investigation and any subsequent court
proceedings.
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