Pretrial identification by the police often involves various procedures which include lineups, show-ups, and photographic identification. However, psychologists like Barbara Tversky believe that these procedures may not be accurate as human memory can be corrupted. In her talk with George Fisher, the scholars identify that such processes will be affected by memory bias especially in instances that involve bias. Line-ups describe a police identification procedure where the suspect is exhibited in the company of other individuals with physical characteristics similar to those of the suspect. The witness is then required to identify who they feel is the suspect. A show-up involves a one-on-one confrontation that occurs between the suspect and a witness to the crime. It will happen in case a line-up is not possible. Photographic identification consists of the victim of a witness being shown photographs of individuals who are believed to be a possible suspect.
These procedures have a high risk of being affected by bias. One critical issue is that witnesses will find it had to change their initial position in case they identify a suspect through any of these procedures. It means that even in instances where they are wrong, and they are not aware of their mistake, they will be unwilling to change their stance. In the cases where doubts come in later for the witness concerning the suspect, they will affect the credibility of incriminating evidence that was provided by the witness to the police initially. The presence of a threat, especially the suspect may elicit instances of fear for the victim or witness. Such a bias could affect the recollection of the victim’s memory.
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Further, there are instances when Miranda warnings are not required. One case is when interviewing victims or witnesses and the police do not have a suspect in custody. Here it is not necessary that the police give a Miranda warning. Another instance is when the interviewee is believed not to be in custody by the constitution. The Miranda warnings are also not necessary when a suspect resorts to dealing with the police through counsel.
