Witnesses Identify The Cause Of The Error And Prevent The System

Witnesses identification as a common measure of the evidence,it has been widely used in the investigation of criminal cases,eyewitness identification procedures are standardized,the question of admissibility identification results are accurate and the result of identification may result in irreversible impact cases.Psychology through a large number of experiments show that eyewitness identification results are affected by the subjective and objective factors,which may be inconsistent with the objective facts;in judicial practice,a large number of miscarriages of justice showed that eyewitness identification error is one of the important causes of its occurrence.In 1920 s,the international judicial circle began to pay attention to the problem of eyewitness identification,and discussed how to regulate the procedure of witness identification so as to avoid the occurrence of misjudged cases.In 2004,the University of Michigan law professor Samuel R et al published gross "1989-2003" report of the United States of misjudged cases,328 cases analysis and comparison,the conclusion is 64% cases due to eyewitness identification errors,which due to eyewitness errors lead to rape cases misjudged the proportion as high as 90% intentional homicide.The case also occupies 50%.12012 years' Professor again issued a relevant criminal misjudged case report data,the report reviews from 1989 to 2012 since not guilty of criminal cases,including 203 cases of sexual assault because of eyewitness identification error caused to the probability is up to 80%,47 out of 81% cases of robbery is due to false witness identify the cause.2 it is hard to believe that the high rate of misjudged cases caused by the error of eyewitness identification,even if it is a high degree of pursuit of justice in United States of America is also facing the same problem.Fortunately,the judicial circles of various countries have begun to pay attention to the influence of the witness identification on the criminal procedure,all of which are formulated to regulate the criminal cases.China's 2012 "public security regulations" and published in 2013,"Procuratorial Rules" will witness the witness identification process into its scope 2012 "Criminal Procedure Law" will be to identify transcripts as statutory form of evidence.But throughout our eyewitness identification procedures,simple legislation,judicial practice is not standardized,the result of identification examination leading to Criminal Misjudged Cases do things carelessly,occur frequently,the public continued to sting sensitive nerve,and draw further apart idea of justice.Therefore,through the legal norms of research achievements and research in the field of psychology in various countries,combined with the recent criminal misjudged case,pointed out that our country to eyewitness identification process problems,on the basis of proposals.The text is divided into four parts,as follows:The first part is about the summary of the theory of witness identification and the presentation of the case.It includes the concept,the way and the characteristic of the eyewitness identification,and lists some of the Criminal Misjudged Cases,and points out the adverse effects caused by the witnesses' identification of misjudged cases.The second part of our witnesses through analysis and investigation of the rules of identification of judicial practice in our country,points out the eyewitness identification error,including the identification of the rules is not perfect and the judicial practice is not standardized.The third part introduces the eyewitness identification system,here lists the identification rules of the United States,Britain,Russia and Italy,the British eyewitness identification is the most comprehensive and detailed rules,provide a reference for our country to improve the identification procedures.The fourth part is about how to prevent the eyewitness suggested error here is divided into two parts,one is legislation to perfect our eyewitness identification,including the improvement of the system of identification rules and improve the review mechanism of the result of identification;two is the technical specification of our eyewitness identification,including the use of simulation technology,pay attention to portrait optimization of the presentation of the queue,to identify the host language and behavior norms.