Due Process Clause, Lineups, and ID Procedures Flashcards
Line-Ups & Police-Arranged Identification Procedures–14th Amendment Due Process Clause
14th Amendment Due Process Clause: The Due Process Clause of the 14th Amendment is violated when a line-up or identification is unnecessarily suggestive resulting in a substantial likelihood of misidentification. If there is a violation, the identification is inadmissible at trial. Under the Independent Source Rule, an in-court identification is admissible at trial (even if a line-up identification is tainted) when (1) the witness identified the defendant in-court based on the witness’ previous knowledge, (2) which is trustworthy, AND (3) was obtained by the witness in a previous transaction (usually during the crime).
Line-Ups & Police-Arranged Identification Procedures–6th Amendment Right to Counsel
Under the 6th Amendment, a person has a right to counsel after being formally charged with a crime that carries a substantial risk of jail time (more than 1 year), which includes a post-charge lineup. However, the attorney cannot dictate how the line-up proceeds, and is instead merely a spectator to observe any deficiencies or due process violations to be addressed at trial. A person DOES NOT have a 6th Amendment right to counsel at a pre-charge lineup because the right has not yet attached, as the person has not been formally charged with a crime. Likewise, there is no right to counsel for a photo- identification.
Line-Ups & Police-Arranged Identification Procedures–Pre-Trial Identification and the 5th Amendment
Courts have held that pre-trial identifications (lineups, photo identifications), blood tests, fingerprints, and voice identifications are NOT testimonial in nature and fall outside 5th Amendment protection. As such, a suspect in custody after an arrest CANNOT refuse participation in a lineup.
Due Process–Catch All
The Due Process Clause of the 5th and 14th Amendments may be used to challenge anything that is so unfair that it shocks the conscience.
