OBSERVATION, DESCRIPTION, AND IDENTIFICATION BY WITNESSES

Observations, descriptions, and identifications made by witnesses or victims of incidents and offenses constitute a major source of extremely useful information. It is essential that a high level of skill be acquired in obtaining information from such persons, in accurately evaluating this information in the light of all related data, and in using the evaluated information in conducting subsequent investigative activities.

Observation

Although, as the investigator, you cannot control either the fact or the technique of observation by other persons, you may, through skillful and patient questioning, often aid a witness in recalling details of persons, objects, places, and events observed. Since the witness may not be trained or experienced in observing methodically or in a set pattern, it may be possible for you to develop a reasonably clear word picture of what the witness observed by encouraging the use of a pattern of recall.

When encouraged to recall in a methodical fashion, a witness may often realize that he or she actually saw much more than was consciously recorded at the time of observation.

Before you can perfect your techniques of obtaining and developing the description of observations made by other persons, you must acquire an awareness of, and be able to make appropriate allowance for, the many factors that may tend to influence an individual's perception, interpretation, and retention of details observed. Such factors may be external or human.

External influences include the following:

1. Location of witness at time of observation. It is unlikely that two or more persons will have witnessed an incident from exactly the same location. Differences in location may often account for differences in observation.

For example, a person who witnessed an event from a great distance may be able to give a good overall description of what took place but be unable to expound on details of the persons or objects involved. On the other hand, a person who witnessed the same event at very close range may be able to describe in detail the persons, objects, and component actions involved but be unsure as to the overall picture of what took place. Similarly, the height of an observer above or below the subject of observation influences the observer's interpretation.

2. Weather and light conditions. The effects of weather and light variations upon observations of individuals are fairly self-evident. You should not, however, fail to make proper allowance for them.

3. Absence or presence of distracting events or circumstances. Unrelated but concurrent events may greatly influence a witness' observation of events important in a particular incident. Thus, an exciting play on a football field may cause a spectator to fail to observe closely or accurately what the person sitting in the next seat is doing.

4. Lapse of time since the observation was made. The passage of time between observation and recall can greatly influence an individual's description of what was witnessed. The imaginative person may often tend to fill in through conjecture the gaps about an incident, particularly if it is subsequently learned that the incident is important in an investigation. On the other hand, many persons will tend to forget or confuse details of an incident with the passage of time.

It is extremely important that witnesses and victims be interviewed as soon as possible after they made their observation and before they had time to adjust their observations, consciously or unconsciously, to fit the pattern of other information they may have seen or heard.

Human factors. An individual's perception is largely determined and influenced by a number of individual differences in past experiences, physiological and psychological influences, and training. Within the framework of these differences, an individual evaluates and interprets stimuli received by the senses. You should recognize the implication of individual differences and be able to evaluate their effects upon the observations of a witness or victim.

Experiences. A person's evaluation and interpretation of what that person observes tend to be predetermined by past experience of similar or related occurrences. The size of an object is, for instance, compared with the size of another object with which the individual is familiar. Familiar sounds, odors, tastes, and comparable perceptions will usually be properly interpreted by an observer, while incoming stimuli with which there are not past comparable perceptions will often be misinterpreted in terms of familiar things. Similarly, inaccurate interpretation of past experiences may have formed a pattern that will influence the individual's subsequent interpretation of similar observations.

In general, as the investigator, you should bear the following in mind:

1. Young persons have limited past experiences on which to base interpretations. Yet, depending upon their individual interests, they may be entirely capable of quite accurate observations. For example, many American males can quickly recognize and identify the make and model of an automobile but would not be likely to perceive details of the driver, license number, or make and condition of the tires.

2. Normally, the mature person has had a variety of experiences upon which to base interpretations. That person's experience, however, is limited to normal occurrences in his or her area of residence and employment. Thus, a lifelong resident of a metropolitan area might be entirely incapable of accurately describing a farm scene. A native of a tropical island could hardly be expected to describe in minute detail a high-speed motor vehicle accident.

3. In the case of elderly persons, physiological influences may often preclude proper application of patterned interpretation as molded by experience, or experiences may be so varied and interrelated as to result in confused interpretation. For example, an aged person may not be able to recall details of what was observed, or may tend to supply incorrect details from some similar but unrelated past experience.

4. Specialists in particular fields of endeavor normally develop very acute perception within their respective fields but are especially unobservant in other fields.

For example, an artist will normally be acutely aware and take specific note of color, form, and proportion but may fail to discern or properly interpret sounds or odors.

Similarly, a motor vehicle mechanic will usually be quick to observe the sound of a motor or other indications of the state of repair of an automobile but may be inexact in describing the appearance and actions of the driver.

Physiological influences. Defects, both permanent and temporary, in the physical condition of an individual may greatly affect the ability to observe accurately and to interpret his or her observations properly. Such factors as age, disease, injury, underdevelopment, and undernourishment must be considered whenever appropriate. Pain, hunger, fatigue, and unnatural positions of the body may cause a witness to inaccurately interpret observations that he or she would normally place into proper mental perspective.

The following general factors should be considered:

1. A person who is unusually short or tall may misinterpret the size of another person. For example, a person 6-feet tall may appear very tall to an observer who is only 4 feet 10 inches tall, while the same 6-footer would likely appear to be of normal height to an observer who is 5 feet 10 inches tall.

2. The senses of hearing and touch of a blind person are usually developed far beyond those of a person with normal vision. Thus, a blind person may frequently perceive sounds or note details of objects touched which the normal person may fail to observe.

3. The senses of taste and smell are subject to frequent distortion by physical disorders and by external stimuli. The presence of a strong taste or odor may completely conceal the presence of other tastes or odors. Consequently, these two are usually considered the least reliable of the senses as a basis for interpretation.

For example, the presence of strong cooking odors in a room may result in an individual's failing to note the presence of a more subtle odor of importance in a particular case.

Psychological influences. Temporary or permanent emotional disturbances, such as fear, anger, worry, prejudice, or mental instability, may impair the functioning of a person's senses and result in inaccurate observation. You must acquire the ability to recognize these influences and make proper allowances for them. For example:

The victim of a robbery may be in such fear of a weapon used by the perpetrator that the victim's recollection of the incident will be only that of the size of the bore of the weapon, and will not be able to accurately describe the perpetrate. Furthermore, such an individual might be expected to exaggerate the size of the bore.

A witness of an incident may so dislike a particular person involved as to see only the actions of that person to the exclusion of the actions of other persons involved.

Occasionally, a witness may be so prejudiced against a class or race of persons that his or her interpretation will be inaccurate even though the witness' senses recorded a true report of what occurred. For example, an individual who has formed a dislike for police and similar officials may unwittingly permit this prejudice to affect the interpretation of observation of the actions of a night watchman or a security guard.

Training. Specialized training may intensify an individual's power of observation. However, such training may tend to focus the observer's attention onto particular characteristics to the detriment or exclusion of other details.

Description

Some witnesses may be able to give concise and factual accounts of their observations without aid from you. However, in almost every case it will be necessary for you to ask questions to develop details considered unimportant by the witness, to assist the witness in evaluating and interpreting observations, or to reconcile discrepancies in the statements of different witnesses.

While little can be done to influence or mold the observations of witnesses, you can greatly enhance and facilitate the witness' investigative activities through the employment of skillful techniques of questioning witnesses and thereby obtaining from them descriptions of that which they observed.

Some of the factors that affect the accuracy of a description by a witness, and for which you should learn to make proper allowances are as follows:

1. Lapse of time between observation and rendering of the description.

2. Witness may tend to relate only those details deemed to be important.

3. Language inadequacies or lack of expressive ability may preclude a witness' giving an accurate description.

4. Fear of police or police methods might cause a witness to be incapable of coherently describing what was observed.

5. Witnesses may intentionally withhold information so as not to become involved or to avoid personal inconvenience.

When obtaining a description from a witness, you should learn as much about the witness as is possible within the limitations of time and urgency. You should consider individual differences that may affect the witness' interpretation of what was observed. You should determine those influences that might tend to cause the witness to withhold or intentionally distort certain details.

Without extensive background investigation, which the urgency of most cases will usually preclude, it may be difficult to determine applicable individual differences and influences. However, certain techniques may be used by you to help determine the extent of these influences. Three of these techniques are:

1. Talking briefly with the witness prior to questioning may tend to alleviate apprehensions regarding police and police methods, self-involvement, and inconvenience. During such preliminary talk, you may discover numerous individual traits that may tend to influence the witness' interpretation of what was observed.

2. Having the witness repeat a description may reveal discrepancies made either inadvertently or intentionally. Pointing out and discussing such discrepancies may lead to a better description by the witness or an admission of intentional distortion.

3. Weighing the description made by a witness in the light of all available information in the particular case will help you to evaluate the witness' credibility. A witness suspected of concealing information or of intentionally lying will usually make unconscious slips, which the trained investigator will note. However, you should bear in mind that there are many factors, such as self-interest, love, loyalty, desire to appear important or intelligent, desire for conformity or to be different, or reward, which may cause an individual to unintentionally err in his or her interpretation of observations.

Identification

It is imperative that you conduct identification activities in such a manner as to preclude possible error or injustice.

Before an identification is undertaken, you should make sure that the witness has made as complete and as detailed a description of his or her observations as possible.

To avoid false identifications and ensure maximum elimination of possibility for error, the witness should be given the opportunity to make comparisons of similar persons, objects, places, and events. For example, showing a witness a single weapon or confronting the witness with one person for identification purposes may confuse the witness, and lead him or her to make a false identification simply because the weapon or person has been shown by you. Instead the witness should be asked to identify a person or object from among a group of similar persons or objects.

A witness attempting to identify a place should be asked to describe it in detail after having described its general location in relation to known landmarks. Then the witness should be asked to lead you to the scene.

Certain specific techniques may prove usefull in identification procedures. These include the following: l Composite photographs and sketches. In the identification of persons, a technique using composite photographs or sketches may often be valuable. This technique involves showing the witness a number of photographs or sketches of facial features, such as foreheads, eyes, noses, mouths, chins, and so forth, and asking him or her to select in each instance the one that most nearly resembles that particular facial feature of the person to be identified. 

l Use of an artist. The services of an artist may be used to provide a likeness of persons or objects. From the description given by a witness, or from a composite of the descriptions given by several witnesses, a skillful artist can often prepare a sketch or portrait that will be of value in locating the subject of interest.

This technique may also be advantageously combined with the use of composite photographs or sketches. Or, if these are not available, the witness may be shown numerous photographs of different persons or objects and requested to indicate to the artist or to you those features that most closely resemble those of the person or object to be drawn.

In the case of an object, the witness may be able to accurately describe an item of well-known appearance or one from his or her own property without the aid of photographs of similar objects. The ultimate goal is production of a drawing or portrait that will be useful in furthering the investigation.

The Lineup

An additional technique of identification is the lineup. It is used to minimize error and eliminate false identification of persons or objects. The lineup offers the advantage of a confrontation without leading or misleading the witness or victim. In setting up a lineup, certain legal requirements should be met for the validity and acceptability of the lineup.

Location for a lineup may be almost any area available to you. It should be held in an area that is screened from public view, to avoid attracting unwanted attention or disturbance. When the lineup involves people, it should be in a room or space large enough for at least six people to stand side by side. A lineup involving objects should be held in a place that is logical to the item being identified, such as a car in a parking lot with other cars, or a coat in a closet with other coats.

Lighting should be of sufficient intensity to enable viewing of the lineup. When people are involved in a lineup, lighting should be planned to prevent the persons in the lineup from clearly seeing the person making the identification.