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.
As such, the defendant's attorney must be allowed to view the lineup, to see and hear what is said to witnesses and to hear what witnesses may say during the lineup.Jul 9, 2018
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AnswerShould a lawyer be present during a lineup?
Oct 18, 2011 · The Role of a Lawyer at a Lineup What the lawyers do at line ups, are just there to observe. They’re a passive participant. They are unlikely to improve the quality of the lineups. His lawyer will most likely be just as biases as the defendant, when it comes to being a …
What happens at a full lineup in court?
Aug 18, 2010 · As such, the defendant’s attorney must be allowed to view the lineup, to see and hear what is said to witnesses and to hear what witnesses may say during the lineup. Therefore, the attorney would need to be in a place where he or she could properly and fully view the lineup and the witnesses and hear what is said in order to protect the rights of the accused.
Do you have a right to counsel when facing a lineup?
The United States Attorney and the Assistant U.S. Attorneys working at her direction conduct most of the trial work in Western District of Texas in which the United States is a party. The United States Attorney is responsible for coordinating multi-agency investigations which involve federal, state and local law enforcement agencies.
Can a defense attorney refuse to allow a lineup?
If a suspect had a lawyer and he or she was not present during a physical lineup, the lawyer can attempt to have the identification at the lineup suppressed from evidence. One reason why it is important for a lawyer to be present during a physical lineup is …
What is the role of legal counsel during a lineup?
JUSTIFICATION FOR THE PRESENCE OF THE DEFENSE ATTORNEY AT A POLICE LINEUP, SUGGESTIONS THE ATTORNEY MAY MAKE REGARDING THE COMPOSITION OR CONDUCT THE LINEUP, AND ATTORNEY PARTICIPATION ARE DISCUSSED.
Why is it important for a lawyer to be present at the lineup?
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.
Should you have a right to counsel during a lineup?
United States v. 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.
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 safeguards are required at a lineup?
The safeguards include presence of counsel at live lineups (if they are postindictment), opportunities for motions to suppress identifications, cross examination of identifying eyewitnesses, and expert testimony about the factors that influence eyewitness memory.
Is a lineup is a form of interrogation?
A lineup or other face-to-face confrontation after the accused has been formally charged with an offense is considered a critical stage of the proceedings, therefore the accused has a right to have counsel present. What is the role of an attorney during a lineup? To make sure the procedure is fair.
What happens in a lineup?
In a live (in-person) lineup, the witness observes a line of actual persons -- typically behind a one-way mirror -- which may or may not contain the suspect. In a photo lineup, a line or grid of mugshot-style photographs is presented to the witness. Again, this grid may not necessarily contain the suspect.Jun 4, 2014
What is a suggestive lineup?
Suggestive lineup. A flawed lineup that almost ensures that the victim or witness will identify the suspect. For example, if the suspect is male and the other lineup participants are female, this would be a suggestive lineup. In-court showup. A procedure in which a witness identifies the perpetrator in court.
What is the Kirby rule?
Rule: A person's Sixth and Fourteenth Amendment right to counsel attaches only at or after the time that adversary judicial proceedings have been initiated against him. This is not to say that a defendant in a criminal case has a constitutional right to counsel only at the trial itself.
What is sequential lineup?
The sequential lineup shows lineup members to the witness one at a time and asks the witness to make a decision on each one before showing the next one, whereas the traditional simultaneous lineup shows the witness all lineup members at once.
What is a one person show up?
Sometimes, a witness to a crime, or a victim, will call 911 and describe to police the suspect, who may have left the scene. ... The police may then bring the detainee to show the caller and verify that the person described as the suspect is the person detained. This is called a one-person showup or “cold shows” by police.
What is the term for when a witness chooses no one from a lineup?
B. Relative judgments occur when witnesses encounter a lineup in which the actual perpetrator is not in the lineup (i.e., the suspect is not the actual perpetrator).
What is the leading cause of wrongful convictions?
Erroneous eyewitness identifications are the leading cause of wrongful convictions. Blind and sequential lineups are two procedures designed to reduce the risk of mistaken IDs. In blind lineups, the police investigator conducting the lineup doesn't know which of the people is the suspect.
How does sequential lineup work?
With sequential lineups, eyewitnesses view individuals one at a time instead of in groups of five or six. Eyewitnesses must "pass" on one possible suspect before seeing another one.
Do police officers attend lineups?
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).) In large cities, public defender offices may have an attorney available to attend a lineup 24/7. The defense lawyer may also bring an investigator, a paralegal, a law clerk, or another observer to act as a witness in a later court hearing in case the lineup procedures are unfair to the defendant. To avoid having a defense lawyer present, an officer may try to convince a suspect to participate in a lineup voluntarily before the filing of charges.
Can police force someone to participate in a lineup?
The police can typically force someone who has been arrested to participate in a lineup. Judges don't consider this a violation of the Fifth Amendment privilege against self-incrimination because, in a lineup, suspects don't provide "testimony." ( United States v. Wade, 388 U.S. 218 (1967).)
Can a suspect see a witness?
Even if contact is possible, suspects definitely shouldn't try to talk to or otherwise interact with witnesses. Even a plaintive "Tell them I'm innocent" may lead to additional scrutiny from the witness and officers. The police may even construe a suspect's attempt to talk to a witness as intimidation and cause the suspect to be charged with a separate crime!
What happens after Carl is arrested?
After Carl’s arrest, his appointed counsel informs him that the police want to stage a live, physical lineup. Carl is brought to a room where there is a one-way mirror and several other people who look more or less like Carl. However, just before the lineup, Carl’s attorney is prevented from attending.
Did Barry waive his right to be present at the lineup?
Barry participated at a lineup at a stage in the criminal process where his right to counsel would have attached. However at the time, Barry was not afforded legal representation nor did he waive his right to have one present at the lineup. The prosecutor intends to use the outcome of the lineup—which resulted in the victim identifying Barry as the perpetrator—at trial. Barry’s attorney objects to the introduction of the lineup results. In response the prosecution states that he or she will call the witness to the stand to provide an in-court identification to verify the lineup identification. Should the court rule in the prosecution’s favor?
What is an assistant U.S. attorney?
Attorneys working at the direction of the United States Attorney prosecute criminal cases brought by the United States against individuals and organizations who violate criminal laws enacted by the United States Congress.
Who is the attorney for the Western District of Texas?
The Western District of Texas is one of four federal judicial districts in Texas, and one of the largest in the country. Ashley C. Hoff is the United States Attorney for the Western District of Texas and is the chief federal law enforcement officer of the United States within this district.
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 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 is the remedy for a bad police lineup?
Suppression. The typical remedy for improper police procedure pertaining to a bad police lineup is exclusion of the witness’ identification. A lawyer requests a hearing to suppress the identification. The suspect may have to testify to discuss the circumstances related to the identification.
What is it called when police take a victim to a location?
In some instances, law enforcement officers will take a victim or eyewitness to a location to see the suspect. This process is known as a showup. Some courts have suppressed identifications that derive from such origins due to the inherent suggestiveness of them.
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 sequential lineup?
With a sequential lineup, the eyewitness views people or photos that are presented one by one.
Does a suspect have the right to an attorney?
If a suspect is in a physical lineup, he or she has the right to an attorney. A criminal suspect’s right to an attorney does not begin at trial. Instead, the right arises during every critical stage, including in-person lineups. However, a person’s right to an attorney is not triggered at a photo array.
What are the concerns of eyewitnesses?
It’s a two-fold concern: 1 first, lineups and showups are suspect by their nature; and 2 second, eyewitnesses are notorious for being wrong and mistaken in their recollections of what they saw versus what really happened.
What is the power of a grand jury?
In a federal case, the grand jury has the power to order a lineup. Here, the suspect is forced to be in a lineup as part of the grand jury’s role of investigating whether or not a crime has been committed. These lineups aren’t done in front of the grand jury, but the results are provided to the grand jury.
Is eyewitness testimony 100% accurate?
They are based upon eyewitness recollections. And eyewitness testimony is anything but 100% accurate. (This isn’t how they’re portrayed on television.) Defense lawyers have to fight against their use all the time. The defense attorney may also move the court to refuse to allow not only the out-of-court identification of the defendant, ...
What is due process in criminal cases?
The federal constitution demands due process in both state and federal criminal cases. When there has been an eyewitness identification of a suspect, then due process concerns must be addressed.
Do you have to have a lawyer present?
You have a right to have a lawyer present if you are asked to participate in any lineup or showup, regardless of whether it’s being requested by state or federal authorities. That’s a guarantee provided by the Sixth Amendment.
Findings
Lining up suspects in front of a one-way mirror and allowing eyewitnesses to choose which one is the perpetrator is standard police procedure. Yet DNA evidence has repeatedly revealed the limitations of this technique: Many prison inmates whose convictions hinged on eyewitness identification were later proven innocent by DNA testing.
Significance
Researchers have reported that mistaken identifications are the leading cause of wrongful convictions. In a 2008 analysis of 200 convictions later overturned by DNA evidence, nearly 80% included at least one mistaken eyewitness. Nevertheless, eyewitness testimony is still regarded as a strong form of evidence in legal proceedings.
Practical application
In response to research findings about faulty eyewitness testimony, then-U.S. Attorney General Janet Reno ordered the formation of a panel of experts to suggest improvements to the system.
Cited research
Berkowitz, S.R., and Javaid, N.L., (2013). It’s not you, it’s the law: Eyewitness memory scholars’ disappointment with Perry v. New Hampshire. Psychology, Public Policy, and Law (19) 3, 369–379.
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).) In large cities, public defender offices may have an attorney available to attend a lineup 24/7. The defense lawyer may also bring an in…
Forcing The Issue
- The police can typically force someone who has been arrested to participate in a lineup. Judges don't consider this a violation of the Fifth Amendment privilege against self-incrimination because, in a lineup, suspects don't provide "testimony." (United States v. Wade, 388 U.S. 218 (1967).) As a condition of granting bail or OR release, a judge may require a suspect to participate in a lineup. …
Demanding A Lineup
- Laws in many states give suspects the right to demand a lineup. But suspects should think carefully—and, again, talk to an attorney—before doing so. The advantage of participating in a lineup is that eyewitnesses' failure to make a positive identification may cause the police to focus their investigation elsewhere. The disadvantage of mistaken identification is the flip side. (The d…
contact?
- One-way mirrors or bright lights typically make it impossible for suspects to see witnesses. Even if contact is possible, suspects definitely shouldn't try to talk to or otherwise interact with witnesses. Even a plaintive "Tell them I'm innocent" may lead to additional scrutiny from the witness and officers. The police may even construe a suspect's attempt to talk to a witness as intimidation a…
Dress Code Enforced
- The police can generally dictate what participants wear and say during a lineup. Dressing the lineup participants as the culprit was dressed, and having them speak words that the culprit used, can increase the likelihood that an eyewitness's identification (or failure to identify) is accurate. Of course, for the lineup to be fair, conditions must be the same for all participants. Example:Ann E…
Talk to A Lawyer
- Always enforce your right to counsel when facing a lineup request—or any other entreaty—from police. You should consult a knowledgeable lawyer before making any critical decisions in a criminal case. Your attorney can advise you of the nuances of the law, including how they apply to the facts of your case.
Lineups and Showups Use Eyewitness Testimony to Identify Suspects
Watch most any TV detective show and sooner or later, you’re going to see the police (and sometimes prosecutors, too) identify their Bad Guy with a lineup or showup. These are popular ways for TV police to have eyewitnesses point the finger at the bad guy. Probably saves a lot of time in the plot. And it’s true, these a…
What Is A Lineup?
- Lineups happen after the police have taken someone into custody. They happen in both state and federal proceedings. Lineups have been deemed acceptable police procedures for over 50 years now. See, United States v. Wade, 388 U.S. 218, 87 S. Ct. 1926, 18 L. Ed. 2d 1149 (1967). An example of a lineup is described in the Wadecase. There, an FBI agent set up a lineup. Two ban…
What Is A showup?
- In a showup, there’s no multiple choice for the witness. The police don’t provide a handful of people for the eyewitness’s selection. In a showup, the eyewitness is shown a single individual and asked, “is this the guy?” One person. Provided by police. These can even happen at a crime scene! Needless to say, a showup is controversial and distrusted. There’s lots to challenge whe…
Federal Grand Juries and Lineups
- In a federal case, the grand jury has the power to order a lineup. Here, the suspect is forced to be in a lineup as part of the grand jury’s role of investigating whether or not a crime has been committed. These lineups aren’t done in front of the grand jury, but the results are provided to the grand jury. See, U.S. Attorney Criminal Resource Manual 244; United States v. Larkin, 978 F.2d 9…
Challenging Lineups and Showups
- There are several ways that a criminal defense lawyer will work to block the use of eyewitness testimony from a lineup or showup. It’s a two-fold concern: 1. first, lineups and showups are suspect by their nature; and 2. second, eyewitnesses are notorious for being wrong and mistaken in their recollections of what they saw versus what really happened.
Eyewitness Testimony Is Not Trustworthy
- Not only are the procedures of lineups and showups ripe for suggesting outcomes to witnesses but the mere use of an eyewitness is dangerous. We’ve warned again and again about how eyewitness testimony can result in a wrongful conviction. See, “Eyewitness Testimony and Prosecutorial Misconduct Spotlighted Again as Texas Executed Another Innocent Man: the Wro…
Want to Know More About Lineup Or Showup in Dallas, Fort Worth, Or North Texas?
- Here in Texas, eyewitness testimony continues to be used by both state and federal prosecutors. Lineups and showups are popular with police and federal law enforcement. If the identification is not challenged under the law, it can be admitted against the accused. Having an experienced criminal defense lawyer present during a lineup is vital here in Texas. Even more so, it’s importan…
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