4. Identifications

Question 1

When are pre-indictment identifications inadmissible?

Answer 1

When they are unduly suggestive and likely to cause an irreversible misidentification.

Question 2

What three issues affect the admissibility of identification evidence?

Answer 2

• Police involvement in the setup
• Whether the identification process was overly suggestive and unreliable
• If such a suggestive method was necessary given the circumstances

Question 3

What is required for one-on-one identifications?

Answer 3

They require very close judicial scrutiny due to the high likelihood of misidentification.

Question 4

What does the Totality of the circumstances approach entail?

Answer 4

where an identification is both suggestive and unnecessary, it can be still be admissible if it reliable based on the totality of the circumstances. The following factors are considered and then balanced against the degree of suggestiveness:

1. opportunity to view the criminal;
2. the witness’s degree of attention;
3. the accuracy of the description;
4. the degree of certainty; and
5. the time interval between the crime and the identification.

Question 5

Under what condition is a subsequent in-court identification not allowed?

Answer 5

When an out-of-court identification is excluded for suggestiveness or unreliability.

Question 6

When does the right to counsel attach?

Answer 6

Upon the start of adversary proceedings, which includes an indictment.

Question 7

Does a defendant have a right to counsel at a lineup after formal charges are filed?

Answer 7

Yes, the defendant has a right to have counsel present at a lineup after formal charges are filed.

Question 8

Is there a right to counsel at police lineups conducted before the accused is indicted?

Answer 8

No, there is no right to counsel at police lineups conducted before the accused is indicted.

Question 9

Does the inadmissibility of a previous out-of-court identification bar an in-court identification?

Answer 9

No, a witness can make an in-court identification if the prosecution shows it comes from an independent source.

Question 10

What happens when there is an improper admission of an identification?

Answer 10

It will result in overturning a conviction unless the prosecution can show harmless error.

This principle underscores the importance of procedural fairness in criminal trials.