been notified of the lineup, and the attorney should have been present, absent an "intelligent waiver." ... Since the accused is not present at the time of photo display and as here, asserts no right to be present, there is no right to be ... a pretrial identification procedure must comport with certain due process requirements.
A pre-trial identification may be crucial in establishing eyewitness testimony that a defendant committed a crime. 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.
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
cerning a pretrial identification improperly con- ducted in the absence of counsel is inadmissible at trial even if an independent source for the pretrial identification can be established. 3 The sixth amendment to the United States Con- stitution entitles the accused to the assistance of
The three basic types of identification procedures are: Lineup, show-up, and photographic array.
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.Nov 7, 2016
Police Lineups, Other Identification Methods, and Legal CounselBlood samples;DNA samples;Handwriting samples; and.Voice samples.Feb 14, 2019
A procedure used by police to test the ability of witnesses to identify a person they have seen on a previous occasion—usually the perpetrator of an offence. The procedures are regulated by the PACE Code D.
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.
What factors affect the accuracy of eyewitness testimony?Memory reconstruction. It is a common misconception that the human memory works like a video recording, allowing people to replay events in their minds just as they occurred. ... Lineup issues. ... Visual characteristics. ... Anxiety and stress. ... Obtaining legal representation.
Three identification methods require the services of a forensic or investigative specialist: fingerprint comparison, DNA compari- son, and composite drawing. A more common identification method, the police lineup, involves investigators, witnesses or victims, and a known suspect.May 20, 2008
Police officers typically avoid suggestive photo lineups because they are interested in apprehending the right person. Toward this end, they may ask a witness to look at more than one photo lineup containing the suspect to see if the witness can identify the suspect more than once.
Topic 1: Identifying Witnesses This can be best achieved by viewing a valid photo ID or, in the absence of photo ID, by establishing the witness' identity through other means, such as police records, confirmation of identity, or verification of identity by a credible third party.
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
When identification procedures violate constitutional provisions, the results from such procedures cannot be considered: Accurate.
Lineup – An identification procedure in which a group of persons, including a suspect, is displayed in order to determine whether the victim or witness recognizes a person involved with the crime.
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.
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
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: