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In that case, they should state exactly what happened. The fairness of these two procedures was
compared by use of a mock witness procedure. Tags: Investigation, Test Identification Parade Share:
Facebook Tweet LinkedIn Pin Guest Post author Leave a Reply Cancel reply Your email address will
not be published. Factors like if the act was done during the day time. Identification p arad es shall
be co n d u ct e d b y a Ju d i ci a l M a g i st r a t e a t t h e J a i l a s f a r a s p o ssi b l e. For while
it enables the investigating officer to ascertain the correctness or otherwise of the claim of those
witnesses who claim to have seen the perpetrator of the crime and their capacity to identify him and
thereby fill the gap in the investigation regarding the identity of the culprit, it saves the suspect or
the, accused from the sudden risk of being identified in the dock by the self-same witnesses during
the course of the, trial. In a perfectly fair line-up the suspect would be chosen, by chance, by 11% of
the mock witnesses. However, 25% of mock witnesses selected the suspect from 25 photographs of
live line-ups, compared to 15% of mock witnesses who selected the suspect from video
identifications. There would be serious difficulties in panch witnesses conducting parades
successfully. CTS Wildlife. Classifications. All ducks are divided into two categories: Puddle Ducks
Diving Ducks. Many things are taken into consideration when trying to identify a plant. Report this
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Embed Share Jump to Page You are on page 1 of 5 Search inside document. And Secondly, to
furnish evidence, to corroborate the testimony, which the witness concerned tenders befors the
Court. The United Veterans of Doylestown or the Borough of. Last week, a complaint was lodged
with the All-Women Police Station in Ayanavaram that a 11-year-old girl, living in a gated
community in the area, had been raped by service personnel working at the apartment. So in a very
crude format test identification parade is structured provided for police officers for the smooth
investigation procedure. After the completion of the identification parade and the drawing up of the
proceedings, a certificate must be appended as follows and signed by the Magistrate who conducted
the Test Identification Parade. Brandon and Davies (1972): 70 British cases. (a) Mistaken
identification. (b) Self-incriminating confessions. This test is extremely popular and is used as a
means to examine the accuracy of the witness’s ability to identify the suspect amongst other
unknown persons. Procedure as to the identification of the person is mentioned in section 54A of the
code of Criminal Procedure, 1972. Any objections raised by the suspect will be noted and
communicated by the officer-in-charge of the case to the officer conducting the parade before it is
held. This major work, created by Simon Miles over the period 1994 to 2005, explores the experience
of bipolar mood disorder, a condition that affected the author throughout his adult life. It helps the
police officer to find the suspect, and get the proper idea about the commission of the offence, which
leads police officers to get evidence of the same nature. Little relationship between confidence and
identification accuracy (e.g. Luus and Wells 1994; Sporer, Penrod, Read and Cutler 1995). Recent
Documents You haven't viewed any documents yet. The Web, social networks, communication
networks, financial transaction networks, biological networks, etc. Though Section 9 of the Indian
Evidence Act gives a comprehensive understanding of the relevant facts in connection to the fact-in-
issue being tested in the test identification parade, identification of the person suspected is the key
aspect that is construed by the same. Jeffrey Derr Professor of Weed Science Virginia Tech. Law of
Evidence Lecture notes 93% (15) 10 Basic priniciples and rules of law of evidence Law of Evidence
Other 100% (3) Comments Please sign in or register to post comments.
When a parade has to be held for the identification of a person or persons by a witness such person
or persons shall be carefully kept out of the view of the witnesses, and mingled with a considerable
number of other persons of a like class. Facts helps to indentify someone Facts, in fixation of time
and place. Biggers (1972): Witness confidence should be considered in court. If there are more than
two suspects, then more than one parade will be conducted. Four groups of errors - (a) Errors caused
by police investigation prior to trial (23% of sample). 49 (14%) of these involved false confessions,
mainly due to coercion. (b) Errors caused by prosecution prior to or during trial (50, or 14% of
cases). The article is submitted, as an assigned task, to Mr. Download Free PDF View PDF
TECHNICAL ELEMENTS INVOLVED IN IDENTIFYING EVIDENCE OF A WITNESS AS A
MEASURE OF FAIRNESS AND ACCURACY IN CRIMINAL JUSTICE SYSTEM. L Rathna
Kumari, Judicial Magistrate of I Class, Spl Court, Srikakulam. He and his accomplices sexually
assaulted the child repeatedly in various places in the apartment complex, where the child lived.
Adultery from the perspective of gender equality Archives May 2022 March 2022 February 2022
January 2022 December 2021 November 2021 October 2021 September 2021 August 2021 July 2021
June 2021 Follow on Instagram Related Posts What is the procedure after an FIR is lodged. The
magistrate should accompany the police when a test identification parade is carried on. In a perfectly
fair line-up the suspect would be chosen, by chance, by 11% of the mock witnesses. Although such
procedures are challenging and are more difficult than video identification procedures, the failure to
conduct such a parade is a matter which should be properly taken into account in assessing the
admissibility of a witness’s evidence. Later, in court, the witness might or might not be asked to
confirm that he had earlier identified that person as the culprit, but, with or without any reference to
an earlier identification, would almost invariably be invited to say if he could see the person in the
court room. For over a century now, test identification parades have been active in India, and they
significantly contribute and help the investigation faster and solve the cases in a better and faster
way. Any failure to hold the parade would not make the evidence to be inadmissible for
identification in Court. However, the current position of law does not give due importance to the
said procedure. Two suspects of roughly similar appearance should be paraded with at least twelve
other persons. Where or how is it formed?. Marble. Metamorphic Non-Foliated Calcium Carbonate
Metamorphism of Limestone. Warn the accused person that he will be put up for a. The, question
whether a witness has or has not identified the accused during the investigation is not one which is in
itself relevant at the trial. According to Section 9, the following facts are relevant. SALIENT
POINTS TO BE REMEMBERED The following are the salient points to be borne in mind by Police
Officers arranging identification parades:- (1). Any well-founded objection by any accused during
the identification parade should be recorded. Foot impressions left on the scene can also be lifted and
compared later with foot impressions of the suspects. An identification parade belongs to the stage of
investigation by the police. Bradfield, Wells and Olson (2002): Confirming feedback inflated
retrospective certainty of inaccurate witnesses but not accurate ones. Many things are taken into
consideration when trying to identify a plant. It is concluded that the video line-ups were fairer than
the live line-ups, and therefore that wider use of video identifications has the potential to improve
the reliability of eyewitness identification evidence. Expand 21,563 Highly Influential 3 Excerpts
Save Social Research Methods: Qualitative and Quantitative Approaches Y. Djamba W. Neuman
Sociology 2002 The sociologist, then, is someone concerned with understanding society in a
disciplined way. The United Veterans of Doylestown or the Borough of.
Open in The Hindu App FREE TRIAL LOGIN GIFT a Subscription. They should be informed that
if they so desire, they can have their advocate or a friend present at the identification parade.
Relevant Case Laws In the case of Ram Nathan v State of Tamil Naidu, the Apex Court of the
country specified the purpose of the test of an identification parade, wherein it was held that the
purpose is to find whether the accused is the perpetrator of the crime and if the offender is not
mentioned by the eye witness, then in such circumstances, evidence becomes more important. It
seems to us that if there is any doubt in the matter the prosecution should hold an identification
parade specially if an accused says that the alleged eyewitnesses did not know him previously.
Summons and Warrant: The Difference Difference between Admission and Confession. In a
perfectly fair line-up the suspect would be chosen, by chance, by 11% of the mock witnesses.
Bradfield, Wells and Olson (2002): Confirming feedback inflated retrospective certainty of
inaccurate witnesses but not accurate ones. This shall be signed by the two respectable persons with
whose help the identification parade was held. An analysis of covariance, taking the number of visual
features mentioned in the original witness's first description as the covariate, showed that the
proportion choosing the suspect was significantly smaller from video identifications. Users can
access their older comments by logging into their accounts on Vuukle. SALIENT POINTS TO BE
REMEMBERED The following are the salient points to be borne in mind by Police Officers
arranging identification parades:- (1). Effects of negative feedback only: affected confidence but not
accuracy. This is all the more necessary where the name of the offender is not mentioned by those
who claim to be eye witnesses of the incident but they claim that although they did not know him
earlier they could recall his features in sufficient details and would be able to identify him if and
when they happened to see him. On e of the m et hods of e s t a b l i s h i n g t h e i d e n t i t y is “
T e st I d e n t i f i c a t i o n P a r a d e ” r e q u i r e d Under S e ct i o n 9 o f Indi an Evidenc e Act.
However, 25% of mock witnesses selected the suspect from 25 photographs of live line-ups,
compared to 15% of mock witnesses who selected the suspect from video identifications. Although
such procedures are challenging and are more difficult than video identification procedures, the
failure to conduct such a parade is a matter which should be properly taken into account in assessing
the admissibility of a witness’s evidence. Note:: Such conviction will be helpful to prove the state of
mind. One of the methods of establishing the identity is “Test Identification Parade” required Under
Section 9 of Indian Evidence Act. Such a studied avoidance of a leading question was entirely
spurious, as if it would neutralize the pointed effect upon the witness of the glaring presence of the
defendant sitting in the dock.Hence identification evidence as held in the case of Cleophas Otieno
Kamunga v republic 1is notoriously problematic class evidence of which disputes about identity have
been the cause of a significant number of miscarriages of justice both in Kenya and abroad. In that
case, they should state exactly what happened. Note: Such conduct on the part of the seller gives
indication to. On July 17, the Mahila Court remanded the suspects in judicial custody and ordered
them to be subjected to medical examination. Steblay, Dysart, Fulero and LIndsay (2001): Meta-
analysis comparing sequential and simultaneous lineups. Causes of miscarriages of justice: Borchard
(1932): 65 wrongful convictions. Foot impressions left on the scene can also be lifted and compared
later with foot impressions of the suspects. This research addresses the requirements of a proper and
unbiased evidence of identification procedure rather than the ability of individuals to perform face
recognition. On a regular night of 1999, around twelve people below 26 years committed the act of
robbery into the house of Kamdeo Singh After the investigation started, many witnesses were found,
although, during the test identification parade, no identification was done by the witnesses.
Witnesses should then be called in, one by one, and they should be asked to go round the persons
assembled for the parade and point out the accused, if any. These circumstances will again help to
establish that. Most common causes of error: (a) mistaken identity (29, or 45%, of convictions).
Last week, a complaint was lodged with the All-Women Police Station in Ayanavaram that a 11-
year-old girl, living in a gated community in the area, had been raped by service personnel working at
the apartment. The Magistrate or other persons conducting the parade should satisfy himself or
themselves that no Police Officer takes part in the actual identification proceedings, that witnesses
are kept out of view from the premises where the parade is taking place and that it is not possible to
communicate with them by signals or other communications. It works only in coordination with the
primary cookie. The government should increase the number of features for more effectively
conducting the test identification parade, places should be allotted, tinted windows, better
interrogation, and facilities so that concerned persons can see what’s happening instead of only the
magistrate, etc. After the identification by one witness is over, care should be taken to see that the
witness does not mingle or communicate with the other witnesses for whom identification parade is
yet to be conducted or other outside persons and the whole parade will be reshuffled and the
accused made to take different positions. Puddle Ducks. Tip over to feed Take off straight up off of
the water Their legs are situated more to the middle of their body. Four groups of errors - (a) Errors
caused by police investigation prior to trial (23% of sample). 49 (14%) of these involved false
confessions, mainly due to coercion. (b) Errors caused by prosecution prior to or during trial (50, or
14% of cases). While making arrangements for the parade, the Police Officers should completely
efface themselves, leaving it to the Magistrate to conduct the actual identification proceedings.
BACK TO TOP Sign in to unlock member-only benefits. The Magistrate or other persons conducting
the parade should satisfy himself or themselves that no Police Officer takes part in the actual
identification proceedings, that witnesses are kept out of view from the premises where the parade is
taking place and that it is not possible to communicate with them by signals or other
communications. Facts which are necessary to introduce fact in issue. Test identification is done to
support the existing evidence and confirm the genuineness of the same. February 7, 2022 351 Views
Facebook Tweet LinkedIn Pin Test identification parade is the concept that is generally pre-trial,
which means generally done in the time of investigation by the police officer. However, the test
identification parade is conducted under a specific set of rules, procedure and guidelines laid down
under Indian criminal law. Even keeping this in mind, the parade should be held as soon as possible
and that too with the presence of the magistrate. The, question whether a witness has or has not
identified the accused during the investigation is not one which is in itself relevant at the trial. In
other cases they may quickly discover facts which bring a particular individual under suspicion.
Based on initial identification by the child, the police claimed they had arrested 17 persons, including
56-year-old Ravikumar, a lift-operator, who sexually assaulted her initially when she used the lift to
reach home on returning from school. When the victim experiences the act of crime and can identify
the accused, a test parade is to be conducted, usually, in such cases, victims can observe the criminal
but identify him at a later stage. Though it is an important procedure, the same is not considered to
be a substantial piece of evidence and is merely used as a formality, which does not have a major
bearing on the evidence recorded by the courts in the course of the trial. The only practicable course,
therefore, is to conduct the parades under Executive Magistrates and Honorary Magistrates (not
doing judicial work). The magistrate should accompany the police when a test identification parade is
carried on. The same procedure will be repeated in the case of other witnesses also. Many a times if
the victim comes in a face to face contact may register a deep scar in the mind of the victim, they
might remember the person and the act committed, place and even number of people involved. The
intention of the study is to empower the investigators with knowledge they can use during their
investigations. However, the current legal position is quite contrary since if the witness fails to
identify a person during the parade but later on identifies them before the trial court, it is considered
to be a valid identification. Statements made by the identifying witness during the identification
parade should be recorded in the proceedings. Witnesses should then be called in, one by one, and
they should be asked to go round the persons assembled for the parade and point out the accused, if
any. In short, the proceedings must contain a complete record of all that takes place in the
identification parade. Tandy Warnow The Department of Computer Science The University of Texas
at Austin.