Chapter 8: Pretrial Identification Procedures Flashcards
The taking of fingerprints and photographs and the confrontation for identification have been challenged on at least what three constitutional grounds?
- self-incrimination
- right to counsel
- due process
In Holt v US (1910), SCOTUS distinguished between a compelling a person to give _____ evidence and requiring him to submit to fingerprinting.
verbal
In Schmerber v California (1966), SCOTUS held that the privilege against self-incrimination protects an accused only from being compelled to testify against himself or otherwise provide the state with evidence of a ______ or ______ nature.
testimonial or communicative
Schmerber v California (1966) set the standard that the 5th Amendment only applies to _____ evidence, not “___ evidence,” such as a photograph or fingerprint.
spoken, real
In Schmerber v California (1966), SCOTUS further held that the self-incrimination privilege offers no protection against compulsion to submit what?
fingerprinting, photographing, or measurements, to write or speak for identification, to appear in court, to stand, to assume a stance, to walk, or to make a particular gesture
In Smith v US (2000), SCOTUS ruled that the taking of palm prints or fingerprints does not violate the self-incrimination protection of the Constitution if the person in lawful custody is required to submit to photographing and fingerprinting as part of a _____ _____ process.
routine identification
In Pennsylvania v Muniz, SCOTUS ruled that checking a person for slurred speech or questions that require logic, but the answer is irrelevant (like saying ABCs backward) are not _____, and are admissible.
testimonial
In Pennsylvania v Muniz, SCOTUS ruled that if the answer to the question is _____ (such as the date of the suspect’s sixth birthday), than the material is testimonial and protected by the 5th Amendment.
relevant
In United States v Wade (1967), SCOTUS held that compelling the accused to exhibit his person for observation by a prosecutor’s witness prior to trial “involves no compulsion of the accused to give evidence having ‘______ significance.’”
testimonial
In US v Wade (1967), the post-indictment lineup was deteremined to be a critical stage of the proceedings if the __-_____ identification of the accused could be jeopardized.
in-court
In regards to a post-indictment line-up, SCOTUS held that counsel must be present if what?
requested by the suspect or if counsel has been appointed
In Kirby v Illinois (1972), SCOTUS refused to extend the right to counsel protection of the 6th Amendment to a ___-______ identification.
pre-indictment
In Foster v California (1969), SCOTUS held that for a lineup to be constitutional, it must not be ______.
suggestive
What are five factors that should be considered in evaluating the likelihood of misidentification?
- witness’s opportunity to view the criminal during the crime;
- witness’s degree of attention
- accuracy of the witness’s prior description of the criminal;
- level of certainty demonstrated by witness at the confrontation; and
- length of time between the crime and confrontation
In Neil v Biggers (1972), SCOTUS said that the primary evil to be avoided in lineups is the likelihood of _____ _____.
irreparable misidentification
