Essay Question 3: Ensure that 6 pack is not unduly suggestive? Flashcards
1
Q
Fix the system variables
A
(1) blind lineup admin; (2) pre-ID instructions; (3) redaction & filler selection; (4) conduct a sequential lineup instead; (5) don’t allow multiple viewing; (6) don’t make suggestive question; (7) no post-ID confirming feedback. Lawson.
2
Q
Call an expert?
A
May not testify about Wally Witness’ ID itself. May tell jury about how system variables could increase accuracy and fairness and decrease likelihood of an unduly suggestive lineup. McDonald. May answer hypos. Jury can then compare Expert’s testimony w/ officer’s testimony about how the lineup was conducted.
