Mar 12, 2011 · Identification Hearing ( Wade Hearing ) The purpose of a Pre Trial Wade Hearing is to determine whether the eye witness’s identification of the defendant as the perpetrator of the crime is correct. There have been numerous studies and books and articles published that come to the conclusion that eyewitness identifications and the police procedures used can be unduly …
In order to challenge an identification procedure in a common law system, the lawyer should request a hearing to suppress the identification as unnecessarily suggestive (known as a "Wade Hearing"). A defendant may have to testify at such a hearing to establish the facts surrounding the original identification.
In which of the following circumstances would it be appropriate to use a showup identification? When police apprehend a suspect near the scene of the crime shortly after its commission.
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 ...
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.
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.
A Sandoval hearing is designed to let the accused make an informed choice whether he should take the stand prior to testifying by providing a pre-trial determination of the permissible scope of cross-examination of the accused (People v Sandoval, 34 NY2d 371).
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.
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.
Unfairness will be found only when, in the light of all the circumstances, the identification procedure was so suggestive as to give rise to a real and substantial likelihood of irreparable misidentification.Dec 10, 2010
Here are some of them:Extreme witness stress at the crime scene or during the identification process.Presence of weapons at the crime (because they can intensify stress and distract witnesses).Use of a disguise by the perpetrator such as a mask or wig.A racial disparity between the witness and the suspect.More items...•Jan 1, 2010
In order to convince a judge to discard the results of a pretrial lineup, you will need to convince him/her of two things: The procedure used for the lineup was unduly suggestive; and. The results are therefore unreliable, in light of all of the circumstances surrounding the witness's identification.Oct 2, 2014
As a condition of granting bail or OR release, a judge may require a suspect to participate in a lineup. However, being released from jail may reduce a suspect's chance of having to participate in a lineup because of the logistics of arranging it.
The presence-of-counsel safeguard, provided by the Sixth Amendment of the United States Constitution, guarantees every defendant the right to an attorney both at trial and during pretrial proceedings, including live, postindictment lineups.