Answer to Question 1
Answer: Answers will discuss the concept of credibility and competence. Credibility pertains to whether the witness's testimony should be believed. Credibility should be distinguished from competence, which pertains to a witness's ability to remember events, communicate effectively, and understand the importance of telling the truth, as well as the consequences of not doing so. When discussing competence, courts often refer to the processes of accrediting and discrediting.
Answer to Question 2
Answer: Answers should focus on the 1998 U.S. Attorney General's report on best practices in photo identification and the recent efforts and suggestions of the Innocence Project. Four rules suggested by the Attorney General include:
The person who conducts the lineup or photo spread should not be aware of which member of the lineup or photo spread is the suspect.
Eyewitnesses should be told explicitly that the person in question might not be in the lineup or photo spread and therefore should not feel that they must make an identification.
They should also be told that the person administering the lineup does not know which person is the suspect in the case.
The suspect should not stand out in the lineup or photo spread as being different from the distractors based on the eyewitness's previous description of the culprit or based on other factors that would draw extra attention to the suspect.
A clear statement should be taken from the eyewitness at the time of the identification and prior to any feedback as to his or her confidence that the identified person is the actual culprit. Double blind techniques where the officer showing the photo array is unaware of the suspect identity is an important new recommendation.
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