24. Right to Counsel & State Action Flashcards
What is the MOST frequently litigated issue of criminal trials in the Superior Court?
The IDENTIFICATION of perpetrators. A crucial function of police work involves accurately identifying offenders.
Failure is the primary cause of wrongful conviction.
What are the 2 constitutional requirements which officers use to identify offenders and what about them must be satisfied? (6th & 14th Amendment)
-or-
To put it another way, what are the 2 issues raised for identifying offenders?
- RIGHT TO COUNSEL. (6th amendment) requires those subjected to certain identification procedures received the assistance of counsel).
- FUNDAMENTAL FAIRNESS (14th amendment, due process) demands that officers use a fair process to identify an offender. An unfair process is unnecessarily, suggestive, and a way that risks misidentify the accused.
Which amendment to the U.S. Constitution requires that suspects be identified in a FUNDAMENTALLY FAIR & ACCURATE MANNER by law enforcement?
14th Amendment
What triggers state action in an identification process?
Whenever an IDENTIFICATION PROCESS IS initiated by LAW ENFORCEMENT.
Accidental encounters that lead to an identification are typically admissible because they are not the result of state action. (ex. a bank robber witness takes a cell phone pic of the robber and shows it to the teller).
However, Accidental identifications are no longer automatically admissible because of the possible suggestive nature.
What is a corporal identification?
Requires a RIGHT TO COUNSEL at the moment a defendant is indicted or arraigned.
Corporal identifications are a live witness viewing a suspect in person. These police techniques include show-ups, field views, live lineups, and live voice identifications.
What is a non-corporal identification?
Involves a witness viewing a representation of a suspect. Police techniques, include single photograph, displays, photo, lineups, composite drawings, and identification of objects.
There is never a right to counsel during a non-corporal identification.
Before a corporeal procedure may occur without counsel, What must the defendant do?
The defendant must WAIVE the presence of his COUNSEL.
Police must cooperate with counsel however, defense counsel has no authority whatsoever to control or alter the way police conduct and identification procedure.
