The Rule of Law Messages of the Anglo-Saxon Identification Procedures

Abstract

Both international and Hungarian empirical research strongly highlights identity parades (lineups) as the most common and most serious source of error in the measures of inquiry of justice-seeking criminal proceedings. Due to the importance of this dual-grained institution of criminal procedure and forensics, it can even have the consequences of a `justizmord` (miscarriage of justice), therefore, it is important for the whole justice system to have a correct legal regulation and a fair and professional implementation. Recognizing this fact, the author provides an overview of Anglo-Saxon countries regulatory models. On this basis, the author lists the most common criminal procedural and forensic causes of error. He presents recommendations for law enforcement officers and judges on criminal tactics and evidence assessment that can be used to prevent and avoid them and formulates his `de lege ferenda` recommendations for the Hungarian legislator concerning legislative change.