The recognition of persons is an important test for criminal proceedings, But it can also lead to mistakes and injustices. Often, innocent people are recognized for crimes they did not commit, because of improper procedures or undue influences. How to avoid these problems and ensure the presumption of innocence, which is a fundamental right of every accused?
An article by Matida and Cecconello addresses this issue, Analyzing the advantages and possibilities of recognition by photographic method. This method consists of presenting the witness with a photo of the suspect along with other photos of people who are known to be innocent, similar to the suspect. The witness must indicate whether he recognizes someone as the perpetrator of the crime, or if you don't recognize anyone.
The authors argue that recognition by photographic method can facilitate a fair and reliable procedure, if it is done according to the best scientific evidence. They draw on research and experiments from the psychology of testimony, which show that this method can reduce false recognitions and increase the accuracy of witnesses.
For this, You need to follow some recommendations, how:
- Use good quality photos and similar to each other;
- Do not use show-up (present only the suspect's photo) or suspect album (present several suspects at the same time)
- Avoid suggestions or pressures on the witness;
- Instruct the witness about his or her rights and duties;
- Record the procedure and the confidence of the witness.
The authors also point out the challenges and difficulties to implement recognition by photographic method in Brazil, where face-to-face recognition still predominates. They highlight the need for changes in laws, in legal policies and culture, so that this method is accepted and valued as a valid and safe proof.
This article contributes to the debate on the reform of the Brazilian criminal procedure, seeking greater protection from the presumption of innocence. The authors argue that recognition by photographic method can be a useful and effective tool to avoid wrongful convictions and ensure a fair trial.