목격자의 범인식별진술의 증명력을 높이기 위한 실질적 대안으로서의 비디오 라인업
Video Lineup as a Practical Procedure to Enhance Reliability of Eyewitness Identification
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초록
This study suggests video identification as a practical procedure for the enhancement of reliability of identification by eyewitnesses at an investigatory stage in Korea. With numerous empirical, legal and psychological studies, scholars have pointed out misidentification by eyewitnesses as one of the major causes of conviction errors in the UK and the U.S.A. Following these studies, the Supreme Court of Korea has ruled that to ensure the reliability of identification by eyewitnesses, with no corroborating evidence, law enforcement must carry out substantially objective identification procedures, such as a live lineup rather than a showup which is highly suggestive to an eyewitness. A lineup, however, is not practical in law enforcement because it is highly difficult for investigators to secure a large enough number of foilers who must look like the suspect in terms of age, height, hair color, and even facial marks. A lineup without appropriate foilers, therefore, becomes very suggestive like a showup. Based on a survey conducted on 51 investigative police officers in five regions, this study found that, although the awareness of the police officers about the importance of the identification procedure has been substantially enhanced, the actual performance rate of lineups is still low due to the difficulty of obtaining proper foilers and a non-cooperative attitude of witnesses. As an alternative, this study suggests video identification. Part Ⅱ introduces empirical studies in the UK and the U.S.A. It also compares evidentiary rules in the two countries and Korea. Part Ⅲ analyzes the results of the survey and discusses video identification as an alternative measure to a lineup. Based on the analysis, it concludes that video identification will build up not only investigative efficiency but also evidentiary reliability without impairing a procedural right of a suspect.
Abstract
This study suggests video identification as a practical procedure for the enhancement of reliability of identification by eyewitnesses at an investigatory stage in Korea. With numerous empirical, legal and psychological studies, scholars have pointed out misidentification by eyewitnesses as one of the major causes of conviction errors in the UK and the U.S.A. Following these studies, the Supreme Court of Korea has ruled that to ensure the reliability of identification by eyewitnesses, with no corroborating evidence, law enforcement must carry out substantially objective identification procedures, such as a live lineup rather than a showup which is highly suggestive to an eyewitness. A lineup, however, is not practical in law enforcement because it is highly difficult for investigators to secure a large enough number of foilers who must look like the suspect in terms of age, height, hair color, and even facial marks. A lineup without appropriate foilers, therefore, becomes very suggestive like a showup. Based on a survey conducted on 51 investigative police officers in five regions, this study found that, although the awareness of the police officers about the importance of the identification procedure has been substantially enhanced, the actual performance rate of lineups is still low due to the difficulty of obtaining proper foilers and a non-cooperative attitude of witnesses. As an alternative, this study suggests video identification. Part Ⅱ introduces empirical studies in the UK and the U.S.A. It also compares evidentiary rules in the two countries and Korea. Part Ⅲ analyzes the results of the survey and discusses video identification as an alternative measure to a lineup. Based on the analysis, it concludes that video identification will build up not only investigative efficiency but also evidentiary reliability without impairing a procedural right of a suspect.
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