Section II. Mug Books and Composites

A. Preparing Mug Books

This subsection covers photo mug books and displays that use computerized imaging systems.

NOTE: ?Mug books? (i.e., collections of photos of previously arrested persons) may be used in cases in which a suspect has not yet been determined and other reliable sources have been exhausted. This technique may provide investigative leads, but results should be evaluated with caution.

Principle: Nonsuggestive composition of a mug book may enable the witness to provide a lead in a case in which no suspect has been determined and other reliable sources have been exhausted.

Policy: The investigator/mug book preparer should compose the mug book in such a manner that individual photos are not suggestive.

Procedure: In selecting photos to be preserved in a mug book, the preparer should?

1. Group photos by format (e.g., color or black and white; Polaroid, 35mm, or digital; video) to ensure that no photo unduly stands out.

   All photos should be the same format so that no individual photo stands out to a witness. For example, one color photo shown among a group of black-and-white photos might suggest to a witness that the color photo is of a more recent offender and, therefore, more likely to be the perpetrator of a recent crime. Also, different photo formats show varying levels of detail.

2. Select photos of individuals that are uniform with regard to general physical characteristics (e.g., race, age, sex).

   A witness will usually have an idea of a perpetrator?s general physical characteristics, so sorting mug books by race, age, or sex can facilitate the witness?s task (i.e., the witness will not need to look through photos of young black females when the perpetrator was described as a middle-aged white male).

3. Consider grouping photos by specific crime (e.g., sexual assault, gang activity).

   This can also facilitate the witness?s task. For example, sex offenders tend to be recidivists, so a collection of photos of sex offenders may be useful to a witness/victim of a sexual assault.

4. Ensure that positive identifying information exists for all individuals portrayed.

   If a witness selects a photo, identifying information will be needed for subsequent investigation, departmental records, and/or to provide the information for court purposes.

5. Use reasonably contemporary photos.

   This is necessary because appearances change over time.

6. Use only one photo of each individual in the mug book.

   The presence of more than one photo of an individual in a mug book increases the chances of that individual being selected by a witness, thereby increasing the suggestiveness of the procedure.

Summary: Mug books should be objectively compiled to yield investigative leads that will be admissible in court.

B. Developing and Using Composite Images

NOTE: Composite images can be beneficial investigative tools. However, they are rarely used as stand-alone evidence.

Principle: Composites provide a depiction that may be used to develop investigative leads.

Policy: The person preparing the composite should select and employ the composite technique in such a manner that the witness?s description is reasonably depicted.

Procedure: The person preparing the composite should?

1. Assess the ability of the witness to provide a description of the perpetrator.

   Assess the physical and mental state of the witness at both the time of the procedure and the time of the incident to determine if any conditions are or were present that could interfere with the witness?s ability to give an adequate description of the perpetrator.

2. Select the procedure to be used from those available (e.g., identikit-type, artist, or computer-generated images).

   This choice may be based on the equipment, training, and experience available in each department or jurisdiction.

3. Unless part of the procedure, avoid showing the witness any photos immediately prior to development of the composite.

   Showing photos to the witness immediately prior to the procedure could influence the description he/she provides.

4. Select an environment for conducting the procedure that minimizes distractions.

   This will enable the witness to concentrate and provide a more detailed and complete description.

5. Conduct the procedure with each witness separately.

   Witnesses must be separated so they are not influenced by descriptions others provide.

6. Determine with the witness whether the composite is a reasonable representation of the perpetrator.

   Allowing the witness to view the completed composite gives the witness an opportunity to suggest changes and may thereby produce a better likeness of the perpetrator. It also allows the witness to state whether the image is a reasonable likeness of the perpetrator. For example, the witness can be asked to rate the image as to its accuracy and/or its potential usefulness.

Summary: The use of composite images can yield investigative leads in cases in which no suspect has been determined. Use of these procedures can facilitate obtaining from the witness a description that will enable the development of a reasonable likeness of the perpetrator.

C. Instructing the Witness

Principle: Instructions to the witness prior to conducting the procedure can facilitate the witness?s recollection of the perpetrator.

Policy: The investigator/person conducting the procedure should provide instructions to the witness prior to conducting the procedure.

Procedure:

Mug Book: The investigator/person conducting the procedure should?

1. Instruct each witness without other persons present.

   This minimizes distractions and allows the witness to concentrate.

2. Describe the mug book to the witness only as a ?collection of photographs.?

   The witness should not be told anything that might influence his/her decision to choose a photo, such as the fact that the individuals portrayed have arrest records, the offenses for which the individuals were arrested, or the geographical area with which they are associated.

3. Instruct the witness that the person who committed the crime may or may not be present in the mug book.

   This is important so that the witness will not feel pressured to make a selection even if none of the photos resemble the perpetrator. This also will help to prevent a misidentification.

4. Consider suggesting to the witness to think back to the event and his/her frame of mind at the time.

   Recreating the circumstances of the event makes memory more accessible. Instruct the witness to think about his/her thoughts and feelings at the time of the incident.

5. Instruct the witness to select a photograph if he/she can and to state how he/she knows the person if he/she can.

   Witnesses may recognize a photo for reasons other than it being a photo of the perpetrator. Therefore, it is important to determine how or from where the witness knows the depicted individual. For example, the witness may recognize someone he/she just saw in the precinct lobby.

6. Assure the witness that regardless of whether he/she makes an identification, the police will continue to investigate the case.

   This will help the witness to relax and help to alleviate any pressure the witness may feel to make a selection.

7. Instruct the witness that the procedure requires the investigator to ask the witness to state, in his/her own words, how certain he/she is of any identification.

   It can be helpful to have some indication of how certain the witness is at the time of the identification. This can be useful in assessing the likelihood of whether or not the identification is accurate. Later, the witness?s certainty might be influenced by other factors.

   It is not necessary for the witness to give a number to express his/her certainty. Some witnesses will spontaneously include information about certainty (e.g., ?That?s him, I KNOW that?s him,? or, ?It could be that one?). If the witness does not volunteer information about certainty, then the witness can be asked to state certainty in his/her own words. A question such as, ?How do you know this individual?? will often lead the witness to express his/her certainty. If a statement of certainty is not obtained, then the investigator can follow up with the question, ?How certain are you??

NOTE: If a witness selects a photo from the mug book, using that same photo in a later identification procedure with that same witness can lead to challenges to that procedure. Using a different or more recent photo in a followup procedure may be acceptable.

Composite: The investigator/person conducting the procedure should?

1. Instruct each witness without other persons present.

   This minimizes distractions and allows the witness to concentrate.

2. Explain the type of composite technique to be used.

   The witness needs to understand what will be required of him/her.

3. Explain to the witness how the composite will be used in the investigation.

   This will help the witness understand that the purpose of the composite is to develop investigative leads.

4. Instruct the witness to think back to the event and his/her frame of mind at the time.

   Recreating the circumstances of the event makes memory more accessible. Instruct the witness to think about his/her thoughts and feelings at the time of the incident.

D. Documenting the Procedure

Procedure: The person conducting the procedure should?

1. Document the procedure employed (e.g., identikit-type, mug book, artist, computer-generated image) in writing.
2. Document the results of the procedure in writing, including the witness?s own words regarding how certain he/she is of any identification.
3. Document items used and preserve composites generated.

Summary: Documentation of the procedure and its outcome can be an important factor in the investigation and any subsequent court proceedings.