14th Amendment

Question 1

Due Process - Out of Court Identification

Answer 1

An out of court identification procedure must comport with the Due Process Clause of the Fourteenth Amendment. It does so UNLESS the identification is unnecessarily suggestive and there is a substantial likelihood of misidentification.
1) Suggestive means showing the witness just one photograph of the D and “unnecessary” indicates that there are no exigent circumstances. An identification procedure must be evaluated in light of the totality of circumstances. The remedy for an unconstitutional identification is the suppression of the in court testimony.

Question 2

Involuntary Statement Cannot be Used for Any Purpose

Answer 2

Under the Due Process Clause an involuntary confession is inadmissible for any purpose, including impeachment. An incriminating statement obtained by torture, actual, or threatened physical harm, or brutally beating the suspect is considered involuntary. The reason is confession obtained such circumstances present a high risk that the statements are false.
1) However, merely promising to bring the D’s cooperation to the attention of the prosecutor is NOT objectionable.