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THEFT | EYEWITNESS IDENTIFICATION | IN DUBIO PRO REO | PERSON OF COLOR | AFRICAN ETHNICITY

 

Lisbon Court of Appeal, proc. 464/10.4PEAMD.L1-5, 15.11.2011

 

JURISDICTION: Criminal

SUBJECT: Theft; reassessment of the evidence

RAPPORTEUR: Jorge Gonçalves

RULING: Grants the appeal, reversing the lower court ruling and acquitting the defendant of the charge of theft.

DOMESTIC LAW:

Code of Criminal Procedure Penal [Articles 94(2), 147, 410(2), 412, 416, 419(3), 428(1), 431]

Criminal Code [Articles 204(2)(f), 210(1)(2)(b)]

Supreme Court of Justice, proc. 07P21, 14.03.2007

Supreme Court of Justice, proc. 07P1498, 23.05.2007

Supreme Court of Justice, proc. 08P1312, 03.07.2008

Supreme Court of Justice, proc. 07P4375, 12.06.2008

Lisbon Court of Appeal, proc. 2691/2004-3, 12.05.2004

Lisbon Court of Appeal, proc. 8428/2007-3, 10.10.2007

Coimbra Court of Appeal, proc. 486/07.2GAMLD.C1, 05.05.2010

Coimbra Court of Appeal, proc. 209/09.1PBFIG.C1, 10.11.2010

Lisbon Court of Appeal, proc. 1796/08.7PHSNT.L1-5, 22.06.2010

Guimarães Court of Appeal, proc. 149/10.1PBBRG.G1, 03.05.2011

INTERNATIONAL LAW: n.a.

FOREIGN LAW: n.a.

KEYWORDS: Theft; eyewitness identification; photo identification of suspect at police headquarters; black boys; originating from Cape Verde; street life with groups of youths involved in delinquent behaviour; in dubio pro reo; person of colour; psychological neutrality of the witness; “long hair with buns”; “hair typical of his race”; “one with lighter skin than the other”; serious questions about the reliability of the identification made during the pretrial investigation stage; police officers’ actions during the photo identification; witness testimony at trial; little evidentiary value; weakness of the evidence produced; defendant's criminal past; presumption of guilt; fallibility of the evidence; free assessment of the evidence; particular traits of the hair, height and age; rules of common experience; normality of life; accomplice; armed with a knife; without a regular occupation; fragile personality structure; inadequate frame of reference; plaintiff’s testimony; principle of normality; social report; recording of the evidence produced at trial; in person identification made at the pretrial investigation stage; difficulties in eyewitness identification; citizen to identify; eyewitness; memories of the scene of the crime; predetermined and biased outcome; distinctive features of the defendant’s face; African ethnicity; reassessment of the evidence

COMMENTS: Coming soon.

REFERENCES IN THE LITERATURE:

CARVALHO, Ana Cristina de Almeida Gomes Moreira Wallis, Prova por Reconhecimento de Pessoas em Processo Penal [Eyewitness Identification in Criminal Proceedings], Lisbon, University of Lisbon, 2014, available at http://hdl.handle.net/10451/11682 [14.04.2022].

FRIEDRICH, Nicole, Diferença Cultural Sub Judice: Minorias Étnicas na Jurisprudência dos Tribunais Superiores Portugueses [Cultural Difference in Court: Ethnic Minorities in the Case Law of Portuguese Higher Courts], Braga, University of Minho, 2022, available at https://repositorium.sdum.uminho.pt/?locale=en.

 

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Posted inETNIA AFRICANA IN DUBIO PRO REO PESSOA DE COR PROVA POR RECONHECIMENTO THEFT
Tags“One With Lighter Skin Than the Other” “Long Hair With Buns” “Hair Typical of His Race” Particular Traits of the Hair Height and Age Police Officers’ Actions During the Photo Identification Citizen to Identify Accomplice Plaintiff’s Testimony Witness Testimony at Trial Difficulties in Eyewitness Identification Little Evidentiary Value Fragile Personality Structure African Ethnicity Fallibility of the Evidence Weakness of the Evidence Produced Recording of the eEvidence Produced at Trial Free Assessment of the Evidence Armed With a Knife Originating From Cape Verde Psychological Neutrality of the Wwitness Normality of Life Distinctive Features of the Defendant’s Face Defendant's Criminal Past Person of Colour Presumption of Guilt Principle of Normality In Dubio Pro Reo Eyewitness Identification Black Boys Reassessment of the Evidence Photo Identification of Suspect at Police Headquarters In Person Identification Made at the Pretrial Investigation Stage Memories of the Scene of the Crime Inadequate Frame of Reference Rules of Common Experience Social Report Predetermined and Biased Outcome Roubo Without a Regular Occupation Serious Questions About the Reliability of the Identification Made During the Pretrial Investigation Stage Eyewitness Street Life With Groups of Youths Involved in Delinquent Behaviour