A quiz: how many sections of the edited General Order did Nifong and the DPD violate?
GENERAL ORDER 4077
Subject: EYEWITNESS IDENTIFICATION
The procedures listed below are based upon recommendations published by the North Carolina Actual innocence Commission which are endorsed by the Education and Training Committee of the North Carolina Criminal Justice Education and Training Standards Commission.
Photographic arrays should adhere to the following set of guidelines:
- Use an independent administrator. It is preferable that the individual conducting the photographic array should be someone who does not know which member of the photographic array is the suspect. There should not be anyone present during the array procedure who knows the suspect's identity. Only when resources make this practice prohibitive should an independent administrator not be utilized. When it is necessary to conduct a photographic array without an independent administrator, the primary investigator must exercise extreme caution to avoid inadvertent signaling to the witness of the "correct" response.
- Include a minimum of five fillers (non-suspects).
- If there is more than one suspect that fits the description of the perpetrator, there can be more than one suspect in the photographic array; however, the fillers should be increased to a minimum of five per suspect.
- Fillers should resemble the witness's description of the perpetrator in significant features (face, profile, height, weight, build, posture, gait, specific articles of clothing, etc.) or, in the case where a composite is used, based on their resemblance to the composite.
- When showing a new suspect, avoid reusing the same fliers in arrays shown to the same witness [i.e., photos shown from a previous ID session].
- Lead photographic arrays with a filler.
- Witnesses should be given a cautionary instruction that the individual may not be the perpetrator.