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Human Line-up in Criminal Proceedings
Dvořák, Marek ; Jelínek, Jiří (advisor) ; Bruna, Eduard (referee) ; Musil, Jan (referee)
1 ABSTRACT DISSERTATION Human Line-up in Criminal Proceedings The thesis deals in detail with the human line-up in criminal proceedings, which is not only a traditional method of practical activity of police investigators, but with effect from 1st January 2002 also a separate criminal procedural step regulated in § 104b of the Penal Procedure Code as one of the special means of the taking of evidence. At the same time, it is necessary to reflect the fact that the quintessence of line-up is a psychological process of reconnaissance based on a comparison of a previously perceived person (retroactively equipped from a memory trace in the form of an idea/image) with currently perceived persons. The purpose of this procedure is primarily individual identification. The whole act, in which the rights and interests of individuals are logically in conflict, also reflects a large number of variables both on the part of the system of criminal justice (system variables) and on the side of circumstances of the criminally relevant event and of the persons themselves (estimator variables). Many of the variables cannot be objectively assessed. In addition, foreign retrospective reviews of cases clearly show a significant error of eyewitness testimony, which implies a high risk of convicting innocent persons if they fall...
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