a suspect does not have the right to have an attorney present when an identification procedur

by Yoshiko Kiehn 6 min read

The Supreme Court has ruled that a suspect DOES have the right to have an attorney present when an identification procedure such as a photo display, composite image, or sketch is employed.

Does a suspect have a right to an attorney?

Ash, Jr. (1973) established that a suspect does not have the right to have counsel present at a field identification What rights suspects have regarding participation in a lineup and which cases established these rights? Suspects may refuse to participate in a lineup, but such refusals can be used against them in court (Schmerber v.

Does a suspect have a right to counsel at a field identification?

The Supreme Court has ruled that a suspect DOES have the right to have an attorney present when an identification procedure such as a photo display, composite image, or sketch is employed. TRUE A one- on- one confrontation should be used as an identification procedure only when a situation arises in which a proper line up cannot be arranged ...

What are a suspect’s rights during a police lineup?

Freedom from Suggestion. Another right that criminal suspects have during a police lineup is to be free from an identification process that is unnecessarily suggestive. If a law enforcement officer pressures a witness to identify a particular person in the lineup, the suspect’s rights may have been violated. In assessing whether the lineup ...

How does a police officer know the suspect?

Identification and Right to an Attorney. If charges have been filed the suspect/defendant has the right to have his attorney present before a line up or show up. ... Does the suspect have a right to have an attorney present. YES if it is a post-indictment (charged with crime) line up.

What happens when the suspect refuses to cooperate in identification procedures?

If an available suspect refuses the identification procedure proposed by the police, he (or his representative/appropriate adult) may make representations as to why another procedure should be used. The Code allows for the Identification Officer to make another procedure available, 'if appropriate'.

Who may be present during a lineup?

A Full Lineup Police officers and often a prosecutor attend lineups. A defense attorney may be present as well, because a suspect who has been formally charged with a crime has a right to be represented by a lawyer at a lineup. (Kirby v. Illinois, 406 U.S. 682 (1972).)

What is the Wade Gilbert rule?

Wade, together with Gilbert v. California, created the Wade-Gilbert Rule. Under this rule, the Supreme court held post-indictment lineups are a critical stage of the criminal prosecution and the defendant is entitled to have their counsel present at critical stages under the Sixth Amendment.

Should you have a right to counsel at a lineup after being formally charged?

There is no right to counsel at a photo array, however, whether it occurs prior to or after formal charging (United States v. Ash, 413 U.S. 300 (1973)).

Does a suspect need counsel during identification by police line up?

One reason why it is important for a lawyer to be present during a physical lineup is to prevent bias or improper procedures. A lawyer can put someone in the vicinity who has the suspect's legal interests in mind. The lawyer can help ensure that the suspect's rights are not violated during this process.

What is a show up identification?

A show-up is an identification procedure that only presents the witness with one suspect in contrast to a lineup where the suspect is presented among a number of fillers (i.e., known innocent people). This feature makes the show-up procedure very suggestive.

What is a lineup law?

A police lineup (in American English) or identity parade (in British English) is a process by which a crime victim or witness's putative identification of a suspect is confirmed to a level that can count as evidence at trial.

What is Wade trilogy?

It is only by returning to a standard similar to the one used in New York that the goals of the 'Wade' trilogy, namely sanctions on police misconduct and a fair trial for defendants, will be met.

Which rule governs the right to counsel in certain lineup situations?

A person has a Sixth Amendment right to counsel at a lineup or showup undertaken "at or after initiation of adversary criminal proceedings--whether by way of formal charge, preliminary hearing, indictment, information, or arraignment." Moore v.Jan 22, 2020

What triggers the right to counsel?

A criminal defendant's right to an attorney is found in the Sixth Amendment to the U.S. Constitution, which requires the "assistance of counsel" for the accused "in all criminal prosecutions." This means that a defendant has a constitutional right to be represented by an attorney during trial.Feb 7, 2019

When a witness identifies the suspect for the first time in court this is best known as a N ):?

-a witness will identify the accused for the first time in court, which is referred to as an in-court showup. -The key feature of an in-court showup is that the witness has not identified the suspect, either in a lineup or related procedure, prior to trial.

Which of the following factors does the court consider when determining whether a suspect identification is reliable?

Second, to assess whether an identification is reliable, judges were instructed to examine the following five factors: (1) the opportunity of the witness to view the criminal at the time of the crime; (2) the witness' degree of attention; (3) the accuracy of the witness' prior description of the criminal; (4) the level ...

Why shouldn't you answer police questions?

You should not answer the police officers’ questions or talk to them because they could get you to make incriminating statements. Right to an attorney. Under the 6 th Amendment to the Constitution, you have a right to an attorney.

What rights do you have when the police contact you about a crime?

If the police are contacting you about a criminal investigation, you want to exercise these important rights: Right to leave.

What happens if you are not under arrest?

If you are not under arrest and have not been given your Miranda rights under the 5 th Amendment to the U.S. Constitution, you can and should leave. If the police stop you, the problem may be that you may not be certain if you are being arrested or simply questioned. The best strategy is to ask the officer.

Which amendment gives you the right to remain silent?

You have a right to remain silent and not incriminate yourself under the 5 th Amendment. If the police are questioning you, you should invoke this right and remain silent. You should also advise the officer that you want your attorney present.

Can you discuss a case in jail?

If you are placed in a holding cell, do not discuss your case with inmates. Do not discuss your case on a jail telephone as the conversation could be tape recorded.

What is the purpose of judicial guidance of interrogation practices in the United States and Great Britain?

TRUE. An aim of judicial guidance of interrogation practices in the United States and Great Britain is to ensure that a confession is trustworthy and it was made voluntarily.

Should police officers offer an opinion to the witness viewing the mug shot?

Police officers should not offer an opinion to the witness viewing the mug shots as to which the right person in the mug shot display may have committed the crime.

How to perform a police lineup?

One way to perform a police lineup is to have the eyewitness identify a suspect during a live lineup. This process usually involves having the suspect and four or five other people line up against a wall. Another common way to conduct a police lineup is to present the eyewitness with a series of pictures. Photo lineups typically include six ...

Why are lineups important?

An important issue surrounding lineups is that law enforcement officers intentionally or inadvertently may give the eyewitness signals to identify the suspect. In some lineups, individuals who are not suspects may not resemble the description provided by the witness. Another potential issue is that eyewitnesses feel pressured to point out someone in a lineup. They may compare individuals in a lineup to each other, rather than to their memory of the suspect.

What is an eyewitness test?

Having an eyewitness testify that he or she saw the suspect commit the crime or some act associated with the crime can be powerful evidence for a prosecutor. Realizing this, the United States Supreme Court and state courts across the country have established strict guidelines regarding police lineups.

What is a police lineup?

About Police Lineups. The typical police lineup usually consists of placing a criminal suspect in a group of other individuals who had nothing to do with the crime. The eyewitness is tasked with the responsibility of identifying the suspect. One way to perform a police lineup is to have the eyewitness identify a suspect during a live lineup.

What is sequential lineup?

With a sequential lineup, the eyewitness views people or photos that are presented one by one.

What rights do criminal suspects have in relation to police lineups?

Another right that criminal suspects have in relation to police lineups is freedom from a substantial likelihood of misidentification. A substantial likelihood of misidentification can occur when all of the fillers look much different than the description provided by the witness, such as being a different race.

What happens if a law enforcement officer pressures a witness to identify a particular person in the lineup?

If a law enforcement officer pressures a witness to identify a particular person in the lineup, the suspect’s rights may have been violated. In assessing whether the lineup was unnecessarily suggestive, the court considers the circumstances leading up to the eyewitness identification.

What are the three types of idnfication procedures?

Three types of Idenfication Procedures. 1) Lineup, 2) show up and 3) photographic array . Line-up. the suspect is placed in a line with several other similar looking people for a witness (or victim) to identify. Show Up. the suspect is brought alone in front of the witness/victim who is asked if it is the suspect. Photographic array.

How many people should be in a line up?

A good line up should include how many people. At least 5 (including suspect) Model rules for line ups say the people in the line up should have what kind of physical characteristics. similar to the suspect (ie; similar height, etc.) Can the suspect choose his place in the line.

Does a suspect have a right to have an attorney present?

Does the suspect have a right to have an attorney present. YES if it is a post-indictment (charged with crime) line up. Showups (one suspect is shown to witness) must be done . within 60 minutes of the crime , Line up is preferred.

What is criminal profiling?

a. Psychological or criminal profiling attempts to identify an individual’s mental, emotional and psychological characteristics. b. Profiles are developed primarily for violent acts such as homicides, sadistic crimes, sex crimes, arson without apparent motive and crimes of serial or ritual sequence.

What are the different types of surveillance?

1. The type of surveillance used depends on the subject and the objective of the surveillance. 2. Types of surveillance include stationary (fixed, plant or stakeout) and moving (tight or close, loose, rough, on foot or by vehicle).

Why is privacy important in prison?

Of most importance is the balance between acting without violating suspects’ constitutional rights and the need for law enforcement to do its job of protecting society. 2.

Why are police lineups important?

Police lineups are considered to be a "critical stage" in the criminal justice process, as they help narrow down suspects. If you're involved in a criminal investigation, you may want to get a handle on how the law regards police lineups and other criminal identification methods.

What is it called when you are asked to identify a suspect?

Behind the glass in a darkened room -- unseen to the people assembled in a line -- the victim or an eyewitness is asked to identify the perpetrator. This is called a police lineup, and it's one of several methods for identifying a criminal suspect.

What to do if you are facing a criminal charge?

Talk to an Attorney. If you're facing criminal accusations, you may soon be involved in the criminal justice process and could be facing a police lineup or interrogation. Don't just rely on the authorities to get it right because mistakes can be made even when the police have the best intentions.

Does a defendant have to be present at a trial?

Furthermore, the defendant's presence must be required at a trial-like confrontation at which the defendant requires the advice and assistance of counsel, which would apply to a police lineup and some other identification procedures. Thank you for subscribing!

Do police officers know the suspect?

The police officer conducting the identification procedure may know the suspect and, intentionally or unintentionally, signal this knowledge to the witness; Police may present photos or a lineup one-by-one instead of side-by-side, making it difficult for a witness to make comparisons and distinctions; and.

Can a prosecution admit to evidence in court?

Police Lineups, Other Identification Methods, and Legal Counsel. The prosecution may not admit into evidence in-court identification of defendants based on out-of-court lineups or show-ups if they were obtained without the presence of defendant's counsel. Courts have found that a defendant's counsel is necessary at a lineup because these lineups ...

Can police determine witness confidence level?

Police may not have a method for determining the witness' confidence level in their identification. It's precisely concerns over such reliability problems, and their consequences, which created the need for defense counsel in some situations involving witness identifications.