Crim Pro 5

  1. PRETRIAL IDENTIFICATIONS

    When do pretrial identifications (line-ups, show-ups, photo arrays) VIOLATE a suspect's rights as to

    1) Right to counsel?
    2) Due process?
    1) VIOLATES RIGHT TO COUNSEL

    • 5TH AM: No violation of Miranda for pretrial identification procedures
    • 6TH AM: Right to counsel at LINE-UPS AND SHOW-UPS (but NOT photo arrays)
    • NEW YORK: Right to counsel if POLICE AWARE and you REQUEST counsel

    2) 14TH AM VIOLATED where procedure is SO UNNECESSARILY SUGGESTIVE that there is substantial likelihood of MISIDENTIFICATION
  2. PRETRIAL IDENTIFICATIONS

    What REMEDY, if a pretrial identification violates right to counsel or due process?
    EXCLUDE witness's IN COURT identification

    UNLESS prosecutor can show the ID is based on observations other than the unconstitutional line-up, show-up, or photo array, such as

    • witness's opportunity to VIEW ∆ at crime scene
    • the CERTAINTY of witness's identification
    • the SPECIFICITY of detail
Author
paul
ID
23849
Card Set
Crim Pro 5
Description
Crim Pro 5 - Pretrial Identification
Updated