(14) Criminal Procedure: 14th Amendment Due Process Violations (Lineups)

Question 1

General Identification Rule

Answer 1

Due process is violated when a line-up or identification procedure is unnecessarily suggestive resulting in the substantial likelihood of misidentification.

If there is a violation the identification is inadmissible at trial.

Question 2

Exception to the General Identification Rule:

Independent Source Rule

Answer 2

An in court identification is admissible at trial even if the lineup was tainted when (1) a witness identified the D in court based on the witness’ previous knowledge; (2) which is trustworthy; AND (3) was obtained by the witness in a previous transaction (usually during the crime).

Question 3

Pre-Trial Identification

Answer 3

Pre-trial identifications (lineups, photo identifications, blood tests, fingerprints, and voice identifications) are not testimonial in nature and fall outside of the 5th Amendment protection. Which means a suspect must participate and cannot refuse to participate in a lineup.

Question 4

Examples of pre-trial identifications

Answer 4

Lineups, photo identifications, blood tests, fingerprints, and voice identifications.

Question 5

Catch-All Rule

Answer 5

The Due process clause of the 5th and 14th Amendments may be used to challenge anything that is so unfair it shocks the conscience.