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Witnesses to identify the causes and prevention of errors

Author: LiuJing
Tutor: WuHongYao
School: China University of Political Science
Course: Procedural Law
Keywords: Identify Identification parade He identified Photo-identification
CLC: D925.2
Type: Master's thesis
Year: 2008
Downloads: 132
Quote: 1
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Abstract


In this paper, according to the U.S. Supreme Court involved to identify the important judgments as well as academics to identify the error and the program of empirical research, a more detailed description of the United States to identify the system's basic content as well as academics and legislators in this regard the latest research and practice, and This is a learn to identify for our practice, a detailed analysis of how to prevent identification of the error problem, and our identification parade system concept and design. Identify an important means of investigation of crimes in the investigation organ, in recent years has attracted wide attention not only because it plays an important role in the investigation process and, more importantly, it relates to the constitutional protection of those who have been identified, and with the science and technology development, it was discovered more and more wrong case is identified by the error caused. Therefore, how to regulate and improve the identification process has become an urgent problem. This article is divided into five chapters: the right to identify the concept of determining the classification introduced in the first chapter. In this chapter, the author describes the United States to identify the basic content of the system, and through the contrast between the various classes, make it clearer macro understanding of the contents of the United States to identify the United States, to facilitate below to identify the system in more detail exposition. Chapter II, combined with American literature, the analysis of errors to identify the causes. With the emergence and development of DNA technology, people gradually found more and more mistakes identify relevant. May lead to a large number of empirical studies to identify error causes are: the relative judgment of the witnesses; inappropriate implied; the mentality and emotions of witnesses and the witnesses convinced that the degree of pollution. Chapter III, to illustrate and comment on the constitutional protection of the United States to identify its limitations. Identification parade and he identified the constitutional protection (photo-identification does not have access to a lawyer the right) include: the right to a lawyer and seek the right to due process. The right to access to a lawyer the right is not at all stages can be applied is limited to a particular stage, the protection of legitimate rights is compromised because of its fuzzy criteria. Chapter IV, the Supreme Court constitutionally protected right to identify was strongly criticized by scholars, many scholars on the basis of empirical research proposed the following measures. Inform impossible not queue among witnesses to suspects, continued with the identification parade, witnesses determine the declarations, double-blind test, can not rightly highlights the suspect video of the recognition process. In addition, this chapter by an instance of the New Jersey analysis of the identification parade of the procedural reform. In October 2001, New Jersey became the first to stop using traditional identification parade in the state, the shift to some new approaches. In this chapter, through its specific procedures and the introduction of the practice effect, and further explore the effect derived from the laboratory identification parade the new method is applied to the practical feasibility and can achieve. In the fifth chapter, the identification system of the country overall introduction and evaluation, and identify the basic program design. Based on the above analysis for the wrong reasons and countermeasures, the procedures in this chapter involves mainly concentrated in the identification process analysis and design to reduce the error occurred, in general, there are two aspects: First, is to improve the identification program content, this is mainly to learn from the practice of the United States, up from the implementation of the program to prevent the occurrence of error identification, investigators in the implementation is to identify specific measures. From the protection of the rights identified by the presence of counsel system and illegal evidence exclusion rules to strengthen the protection of the rights to be identified, so as to further prevent the occurrence of error identification, maintenance should be identified with the right to maintain an innocent person interests.

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CLC: > Political, legal > Legal > Chinese law > Procedural Law > Code of Criminal Procedure
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