Con law Flashcards
Entrapment
Forbids police from implanting criminal ideas in innocent minds and brings about offenses that otherwise would never have been perpetrated
Composite sketches
Based on witness description
Can be beneficial, but should NOT be used as stand-alone evidence or as sole source of PC
Field views
Police arrange for a witness to observe a group of individuals in public place. Police have more latitude with this procedure than a show up b/c it is viewed as the equivalent of a non-suggestive line up
No time constraint
RS unnecessary (suspect not detained)
Equivalent to line up
Show ups/Bring backs
RS is the minimum amount of information officer must have in order to detain a suspect for a show up
- Get a detailed description of the suspect from witness
- Read witness instructions (best practice from a card)
-Bring witness to suspect is possible - Keep witness separated
- Multiple suspects and/or multiple witnesses- view separately
Four steps for proper identification procedure
- Get a detailed description of the suspect from each witness prior to identification procedure
- Read pre-selection instructions to each witness from card
- Perform fair identification procedure
- Document what you did
_____ hours for show up/bring back after the commission of the crime
2 hours
Noncorpeal identification
Involved a witness viewing a representation of the suspect
Never need counsel
Corporeal identification
Involves a live witness viewing the suspect in person

Identification procedures
Procedures which officers use to identify an offender must satisfy two constitutional requirements
- Right to council (after arraignment or indictment)
- Fundamental fairness (avoid an identification that is “unnecessarily suggestive “)
Confrontation clause
Have the right to confront the witness against you
Sixth amendment
- Guarantees right, a counsel and speedy trial
- Right to council attaches automatically after arraignment and indictment from a grand jury
- Offense specific
- Police question about unrelated crimes - - Custody not a consideration