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QUESTION
Is the Double Blind Identification Process Available Upon Defense Attorney Request?
0:25:21
·
81 sec
Council Member Osse asks if a double blind identification process is granted upon a defense attorney's request. The NYPD representative clarifies that all photo arrays are inherently double blind. Furthermore, during lineup identifications, the defense counsel is present and can make suggestions regarding the setup. The explanation underlines the NYPD's commitment to fairness and transparency in identification procedures, highlighting the reduced reliance on lineups and the preference for photo arrays, especially during the COVID-19 pandemic.
Chi Ossé
0:25:21
If a defense attorney requests a double blind identification procedure, is that something that is is granted to to their client?
Josh Levin
0:25:31
So just for the record, right, all photo arrays are double blind.
UNKNOWN
0:25:34
Okay.
Josh Levin
0:25:34
And so the other place there might be an identification would be a lineup.
0:25:38
Mhmm.
0:25:39
Add a lineup.
0:25:40
By the way, the numbers of lineups we've done have really drastically gone down.
Robert Holden
0:25:44
What was that?
Josh Levin
0:25:45
Well, there's a bunch of reasons.
0:25:46
The first is that we have a double blind procedure.
0:25:48
We have great confidence in that.
0:25:50
We think it's a very strong, as you said, a very strong and best practice to do that.
0:25:53
Mhmm.
0:25:53
The second reason is, and if you need to correct me, please do.
0:25:56
But during COVID, it was problematic.
0:25:59
Mhmm.
0:25:59
COVID 19 pandemic, it was problematic to assemble people and put them next to each other in a lineup.
0:26:05
On top of that, the DA's office is also oftentimes, and again, correct me if I'm wrong, prefer the photo array.
UNKNOWN
0:26:11
Mhmm.
Josh Levin
0:26:12
And what was the last part of the question?
0:26:14
I'm sorry.
Chi Ossé
0:26:15
I don't wanna defensive attorney requests a double blind certificate.
0:26:19
So
Josh Levin
0:26:19
not to take anyone else's time or just to to speak on quickly.
0:26:22
Mhmm.
0:26:23
When the lineup identification is done, the defense counsel is actually present.
Chi Ossé
0:26:27
Okay.
Josh Levin
0:26:28
And they are allowed to make suggestions.
0:26:29
And they can say, can we move this person there and can you change the way this person seated or what's obstructing them or what they're wearing, things like that.
0:26:37
So we're trying to bring them into the process that everything's up front and and they have the same.
Chi Ossé
0:26:42
Noted.