what kind of hearing can the defense attorney request for lineup identification

If a court, during a preliminary hearing or another pre-trial proceeding, denies the request for a lineup the defense attorney can ask the trial a judge to instruct a jury to view the “in court identification” with caution if the prosecution fails to present any out of court identification evidence at trial.

Full Answer

Which of the following rights applies to lineups?

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. Illinois, 434 U.S. 220 (1977); Kirby v.

What are the three types of pretrial identification procedures?

Several types of pre-trial identification exist: showups, lineups, and photo arrays being the most common. While a key piece of evidence in a case, pre-trial identifications are unreliable pieces of evidence. Eyewitness identifications were used in 75% of the cases overturned by newly available DNA tests.

How do they get people for police lineups?

Where do officers find people for a lineup? In jail. The investigating detective typically plucks lineup fodder—known as “fillers,” “dummies,” or “known innocents”—from the in-house lockup. Most states require at least four fillers to be in a lineup.

What are the defendant's Sixth Amendment rights during Showups lineups and photographic lineups?

The Sixth Amendment guarantees the right to an attorney at lineups and showups following the initiation of proceedings against a defendant. Pre-indictment identifications and photographic identifications are regulated by the Fifth and Fourteenth Amendments' Due Process Clauses.

What are 3 basic types of identification of suspects?

The three basic types of identification procedures are: Lineup, show-up, and photographic array. When is an accused entitled to counsel at an identification procedure? An accused in entitled to counsel at a post-indictment lineup that is conducted for identification purposes - a critical stage of a criminal proceeding.

How specifically can courts decide which identification procedures are unfair?

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.

What are the two types of lineups?

There are two common types of lineups: simultaneous and sequential. In a simultaneous lineup (used most often in police departments around the country),[5] the eyewitness views all the people or photos at the same time. In a sequential lineup, people or photographs are presented to the witness one at a time.

What does a lineup consist of?

A lineup is a relatively formalized procedure wherein a suspect, who is generally already in custody, is placed among a group of other persons whose general appearance resembles the suspect. The witness is then asked whether he can identify the perpetrator of the crime.

What are some investigative steps that law enforcement can take to minimize false identifications?

These recommendations are: Advise law enforcement personnel to interview witnesses as soon as possible after a crime has been committed and record it on video. Ensure that police put in writing why a suspect is believed to be guilty of a specific crime before placing him or her in a lineup.

What are two actions a trial judge can take to protect a defendant's Sixth Amendment rights?

What are two actions a trial judge can take to protect a defendant's Sixth Amendment rights? Right to petition the government for redress of grievances eg. signing a petition, filing a lawsuit, writing a letter, testifying before a tribunals, collecting signatures for ballot initiatives.

Which is a constitutional limitation on identification procedures?

Which is a constitutional limitation on identification procedures? The presence of counsel at post-indictment lineups is necessary to preserve the defendant's basic right to a fair trial. >

Can suspects be forced to participate in lineups?

Suspects can be forced to participate in lineups. The three most common types of identification procedures are lineups, showups, and in-court identification. Showups are usually conducted in court. An overly suggestive lineup violates due process.

What is the pre-trial process?

The court may set any criminal case for a pre-trial hearing before it is set for trial. A pre-trial is a meeting with the state's attorney and the defendant and/or his or her attorney to determine the following: Any motions that the defendant or defendant's attorney wants to file.

What are the pre-trial stages?

Pretrial Stages of Criminal ProsecutionFirst appearance.Determination of probable cause.Arraignment.Bond hearing.Pretrial conferences.Motion hearings.Discovery and investigation.Depositions.More items...

What's the pretrial process?

Pre-trial reviews A pre-trial hearing is held before the Magistrates' Court begins to hear evidence from the prosecution at the actual trial. These are held to resolve particular legal issues that need to be dealt with before the trial begins.

What is the most common form of pretrial release?

Commercial bailState Legislatures: Commercial bail is the most common form of pretrial release.

What is an out of court identification?

An “in court” identification alone is sufficient for a conviction while an out of court identification without some type of corroborating or supporting evidence is insufficient to prove that a person committed a crime beyond a reasonable doubt. A person is obviously entitled, under the Sixth Amendment, to an attorney at trial but is only entitled to counsel after “adversarial proceedings” are initiated. Adversarial proceedings include formally charging the person with the crime, preliminary hearings, or arraignments.

Is a pre-trial identification inadmissible?

Generally lineups and pre-trial identifications are inadmissible if either is conducted without the accused’s attorney present or if the procedure is “unnecessarily suggestive” that it denies the accused his due process rights. Despite this general rule a pretrial identification or a lineup will only be excluded at trial if the defense raises the objection during a pretrial evidentiary hearing (aka a suppression hearing).

Does Pennsylvania have a right to counsel?

While federal law only entitles a defendant to counsel after “adversarial proceedings” are initiated, Pennsylvania law provides a much more expansive right to counsel. In Pennsylvania a person is entitled to counsel after any confrontation with law enforcement after an arrest. The right to counsel, however, does not attach in Pennsylvania prior to an arrest even if there is probable cause to arrest someone. This is very important because there are many situations where a person is held by police, identified by an alleged victim, and then arrested.

What is Martindale Nolo?

Nolo is a part of the Martindale Nolo network, which has been matching clients with attorneys for 100+ years.

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.

What is a blind lineup?

In blind lineups, the police investigator conducting the lineup doesn't know which of the people is the suspect. A lineup is "double-blind" if the investigator tells eyewitnesses that the investigator doesn't know whether the suspect is in the lineup. These procedures reduce the risk that an investigator will provide subconscious hints as to a suspect's identity.

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.

What are the advantages and disadvantages of a lineup?

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 defendant might also accidentally provide fodder for the prosecution in the course of the events surrounding the lineup—for example, by making a comment that turns out to be incriminating.)

Why is it important to dress as the culprit?

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.

Do live lineups produce more accurate identifications?

Generally, live lineups don't seem to be more likely to produce accurate identifications than showups and photo identifications. Experimental studies show that witnesses who have a chance to view the actual perpetrator aren't more likely to make an accurate identification when they see the suspect in a lineup rather than in another type ...

What is a pre-trial line up?

While pre-trial identifications include line-ups it is important to understand that there is a difference between a line-up and an out of court identification made prior to trial or any type of legal proceeding. “On scene” identifications are the most common in this category. This type of identification is made where police hold a suspect who fits a certain description. The suspect is detained but not under arrest. During the detention a victim makes identification and the suspect is arrested. A lineup, however, is a proceeding where a person is already in custody and law enforcement, with the participation of a prosecutor and a defense attorney, ask a victim to identify his/her assailant from a group of individuals who look similar in appearance. A person that is not entitled to counsel at an on the scene identification but is absolutely entitled to counsel at a line up.

What is a pretrial identification?

Lineups and pretrial identifications are critical pieces of evidence in any criminal case, especially in a case where a person is charged with a violent felony offense like robbery, aggravated assault or murder. It is important to understand when they are admissible at trial.

Does Pennsylvania have a right to counsel?

While federal law only entitles a defendant to counsel after “adversarial proceedings” are initiated, Pennsylvania law provides a much more expansive right to counsel. In Pennsylvania a person is entitled to counsel after any confrontation with law enforcement after an arrest. The right to counsel, however, does not attach in Pennsylvania prior to an arrest even if there is probable cause to arrest someone. This is very important because there are many situations where a person is held by police, identified by an alleged victim, and then arrested.

How long does it take for a witness to remember what they saw?

Also, a witness will need to remember what they saw (and not be influenced by their own biases or media reporting about the crime) if they're later called to help law enforcement identify a suspect or to testify in court, which can sometimes be a year or so after the crime took place. Memories can fade or even change with time.

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 see a suspect in a police station?

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 the Sixth Amendment require counsel?

The Sixth Amendment doesn't guarantee the presence of the defendant's counsel at a pretrial proceeding unless the physical presence of the defendant is involved. 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.

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 an eyewitness be a witness?

Eyewitness testimony can be a powerful form of evidence at a trial, but there are many situations where even the most confident eyewitness can mistake the identity of the accused. After all, while observing a crime, an eyewitness often has a very short period of time to observe what's happening, let alone remember specific details of the offender's appearance. In fact, where a weapon is involved, eyewitnesses tend to focus more on the weapon than on the person holding it.

Will Double-Blind Sequential Lineups Work in the Field?

If continued field research validates the effectiveness of the double-blind sequential model, will police departments—most of which currently use simultaneous lineups in which the administrator knows which person is the suspect—be able to smoothly and effectively implement this new procedure?

Why was the Illinois study difficult?

In these cases, officers often had to place more than one suspect in a lineup because they lacked enough fillers for separate lineups. Conducting sequential lineups with more than one suspect was determined to be difficult and confusing, and therefore the use of sequential lineups in multiple-perpetrator cases was discontinued.

What is sequential lineup?

In a sequential lineup, people or photographs are presented to the witness one at a time.

What is prelineup instruction?

Prelineup instructions given to the witness. This includes explaining that the suspect may or may not be present in the lineup. Research on prelineup instructions by Nancy Steblay, Ph.D., professor of psychology at Augsburg College in Minneapolis, Minnesota, revealed that a “might or might not be present” instruction reduced mistaken identification rates in lineups where the suspect was absent. [9]

What are the two sources of information on eyewitness identification?

Nancy Steblay, also a panelist on the Web chat, noted that, as with many other criminal justice procedures and protocols, there are two sources of information on eyewitness identification: the laboratory and the field . According to James Doyle, director of the Center for Modern Forensic Practice at John Jay College of Criminal Justice in New York City and the third panelist on the Web chat, both field research and lab research have limitations. Lab studies are limited by a lack of real-world, operational challenges. Field studies are limited by uncertainty about who is really the perpetrator.

What is the purpose of eyewitness evidence?

The National Institute of Justice (NIJ) has initiated a multisite field experiment of eyewitness evidence to examine the effectiveness and accuracy of this crucial and powerful component of the Nation’s criminal justice system as it is used in police departments and courtrooms across the country .

What does a lineup administrator say to a witness?

For instance, if an eyewitness utters the number of a filler, the lineup administrator may say to the witness, “Take your time . . . .

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 is the 5th amendment?

Fifth amendment attacks on pre trial identification procedures are grounded in suggestiveness and are based upon due process considerations. The test for undue suggestiveness is whether the procedure creates “a substantial likelihood that defendant would be singled out for identification”.5 The following are various arguments in support of a showing of suggestiveness.

Can a defense attorney suppress in court identification?

If a defense attorney successfully attacks a pre-trial identification procedure, then the in-court identification will also be suppressed unless the prosecution can show at the pre-trial hearing, by clear and convincing evidence, that the in-court identification is based on an independent source of the witness.29

Can a prosecution introduce evidence of a photopack?

Although the prosecution cannot introduce evidence of a photopack on its direct case,6 suggestiveness in a photopack may taint a later lineup or trial identification. The following are various ways in which it can be argued that a photopack is suggestive:

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/...

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