Summary

During criminal proceedings, a witness who has witnessed a crime may be asked to identify the perpetrator from a lineup, which usually consists of the suspect, who may or may not be guilty, and a group of similar-looking individuals who are known to be innocent. At the same time, witness statements may be unreliable as evidence. Decades of scientific research have revealed that memory is fragile, and memories can be forgotten and changed, including as a result of identification procedures carried out during proceedings. In addition, identification involves social interaction, which may also influence witnesses’ decision-making processes and choices when viewing a lineup. The remarkable advances in science over the last decade necessitate an analysis of the recognition guidelines in Estonia that are currently in use. In Estonia, identification is governed by the Code of Criminal Procedure, the relevant provisions of which have not been amended since the Code was adopted in 2004. The purpose of this article is to assess whether the guidelines for identification set out in the Code of Criminal Procedure are in line with contemporary research recommendations and promote reliable identification practices. To this end, the authors first provide an overview of the various system factors involved in compiling and presenting lineups, and explain how and why these variables influence recognition decisions. Based on these factors, the compliance of the current regulation with science-based recommendations is then analysed.