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Eyewitness Identification Rules in

Author: WangDong
Tutor: LiuJinYou
School: China University of Political Science
Course: Procedural Law
Keywords: Identify Eyewitness Identification Identify conclusions Identification parade Identify rules
CLC: D915.3
Type: Master's thesis
Year: 2009
Downloads: 129
Quote: 4
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Abstract

In this paper, according to the U.S. Supreme Court on Eyewitness Identification of any significant jurisprudence, the British Police and Criminal Evidence Act 1984, as well as scholars witnessed the empirical research to identify the error and procedures described in detail Eyewitness Identification rules of Anglo-Saxon countries. Cause the witness to identify errors of various factors on the basis of the analysis, drawing on the common law countries witnessed identify system theory and experience, combined with our practical recommendations to build our country witnessed identify rules. Eyewitness Identification is the most commonly used detection measures in the investigation procedure. However, Eyewitness Identification also proved to be the most important factors leading to criminal miscarriages of justice. With Eyewitness Identification was found to lead to criminal wrong case the rate of growth and international protection of human rights of the criminal defendant to strengthen, build and perfect the rules of Eyewitness Identification, prevention of criminal wrong case has become a major issue facing the national criminal justice. This paper is divided into five chapters: an overview of Eyewitness Identification. This chapter first witnessed identify the concept of the determination and simple classification is proposed that the main object of study is the witness, victim identification of the suspect. Were subsequently introduced from the perspective of science, psychology and law witnessed identify the theoretical basis; the final analysis lead to Eyewitness Identification wrong reasons, be summed up as the estimated variables and system variables, and suggested that the control system variables to reduce and prevent criminal wrong case. The second chapter describes the procedural rules to identify commonly used by specification of Western countries witnessed. Eyewitness Identification of the procedural rules to the limits and constraints investigators implied sex, but also provides the ability to promote to identify the accuracy of identification. These rules: ask and inform the rules prohibit the implied rules, the whole record rules, respectively, to identify the rules, the identification parade rules, the person to identify and photo-identification rules. Witnessed the identification process rights protection rules were introduced in Chapter III. In order to enhance the adversarial nature of the identification process, strengthen the protection of the rights of suspects, all countries enjoy the right to a lawyer the general provisions of the suspects in the identification process. But for the presence of counsel, there are different rules. Enjoy the right to due process in the United States, the Supreme Court by a judgment given suspects. Witness to identify the suspects in the UK, the right to choose or reject the identification parade, lined up in the location of many procedural rights. Eyewitness Identification of the rules of evidence are described in Chapter IV. Introduced before the rules of evidence, discussed the Eyewitness Identification evidence of probative force, pointed out to identify conclusions should belong to the special testimony of a witness or victim statements. Subsequently, the judicial practice of the Anglo-Saxon countries, especially the U.S. Supreme Court precedents, a detailed analysis of the rules of evidence involved in the Eyewitness Identification, that is illegal exclusionary rule and the hearsay rule. Chapter to identify the system of our country witnessed an overall introduction and evaluation, and on this basis, constructed China witnessed identify the rules of the general idea. At present, China witnessed recognize the existence of the problem: \In view of this, build China witnessed identify the rules, the first procedural legal principle as a guide, and then establish the procedural rules of Eyewitness Identification, rights protection rules and the rules of evidence in the identification process, the provisions of the rules to identify before the inquiry and inform implied rules and make a record of the rules is prohibited; identification parade and photo identification to identify the methods, the principle, identify the person as an exception; in the protection of the rights given suspects the presence of counsel right; to identify the conclusions of the review judgment, to establish reinforcement rules of evidence, and integration of the overall situation of the whole case, the exclusion of illegal evidence.

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