Exam #8 Flashcards
SIXTH AMENDMENT / ARTICLE 12 RIGHT
TO COUNSEL
• ATTACHES AUTOMATICALLY:
1. AT AND AFTER ARRAIGNMENT
2. AFTER INDICTMENT BY GRAND JURY
SIXTH AMENDMENT / ARTICLE 12
RIGHT TO COUNSEL
• MAY NOT QUESTION UNLESS COUNSEL PRESENT OR DEFENDANT
INITIATES
• CUSTODY NOT A CONSIDERATION
• RIGHT EXISTS UNTIL TRIAL/COURT PROCEEDINGS COMPLETED
• OFFENSE SPECIFIC - POLICE MAY QUESTION ABOUT UNRELATED CRIMES
• Miranda may apply
Confrontation Clause
“in all criminal prosecutions, the accused shall enjoy the right…to be confronted with the witnesses against him.”
• No testimonial hearsay may be admitted against a criminal defendant
Melendez-Diaz
• Melendez-Diaz v. Massachusetts, the U.S Supreme Court decided that the admission of certificates of analysis that positively identified the defendants suspected drugs as cocaine without the testimony of the analyst was a violation of the confrontation clause
Identification Procedures
• Officers must carefully conduct identifications to avoid unjust results
• The procedures which officers use to identify an offender must satisfy two constitutional requirements
Identification Procedures
-two constitutional requirements
• 1.) Right to Counsel - (After arraignment or indictment)
• 2.) Fundamental fairness - (Avoid making an ID that is “unnecessarily suggestive”)
Corporeal vs. Non-corporeal
-Corporeal IDs involve a LIVE witness viewing the suspect in person
-Noncorporeal IDs involve a witness viewing a representation of the suspect
Corporeal IDs involve a LIVE witness viewing the suspect in person
• Show ups (most common)
• Field Views
• Live Lineups
• Live voice ID
Noncorporeal IDs involve a witness viewing a representation of the suspect
• Single photo display
• Photo lineups
• Composite drawings
• ID of objects
Noncorporeal ID procedures NEVER require council present
Four Steps for Proper ID Procedure
- Get a detailed description of the suspect from each witness prior to ID procedure.
- Read pre-selection instructions to each witness from card.
- Preform fair ID procedure.
- Document what you did.
Show-Ups/Bring Backs
• Level of proof needed?
• Reasonable suspicion 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 if possible
• Keep witness separated
• Multiple suspects and or multiple witnesses - view separately
Show-ups /Bring backs
“require the prompt display of a single suspect to witness”
Generally within 2 hours of the crime
• Exceptions
• Medical treatment
Show-ups /Bring backs
“require the prompt display of a single suspect to witness”
• Important to avoid moving suspect. Bring witness to suspect in discrete manner. WHY IS THIS IMPORTANT?
• Ideally, transport the witness to the place where the suspect is being detained.
Show-ups /Bring backs
“require the prompt display of a single suspect to witness”
Important caution-
NEVER bring the suspect back to the actual crime scene because his presence can contaminate any physical evidence.
Suspect can argue that he left his fingerprints or DNA during ID procedure,
Show-Ups/Bring Backs
• Do not tell the witness where the suspect was found, whether he said or did anything suspicious, or whether he might have evidence related to the crime.
• ALWAYS remove suspect from cruiser.
• Position suspect so witness does not see handcuffs. (may be uncuffed, if safe to do so)
• If safe to do so, avoid having numerous officers surround or hold suspect
• Finally, present suspect as you found him, do not remove or add clothing
