Eyewitness Identification Flashcards
What is a Lineup?
A Lineup is when the suspect is put into a group of similar looking people in order to be picked out by the witness.
What is a Showup?
A Showup is when the suspect is presented to the witness to confirm/deny as the one they saw.
What is a Sixpack?
A Sixpack is when witnesses are offered six photographs and asked to identify which one is the suspect.
What is the rule from Mason v. Brathwaite?
All identification procedures must satisfy the Due Process clauses of the Fifth and Fourteenth Amendments.
When is Preindictment Identification a problem?
When it fails the totality of the circumstances test or uses unnecessarily suggestive identification procedures.
What is the rule from Perry v. New Hampshire?
Due Process does not require a trial court to “screen such evidence for reliability” before allowing a jury to assess its reliability.
What are the five factors to consider when determining the reliability of Witness ID?
(1) The opportunity of the witness to view the defendant
(2) The witness’ degree of attention
(3) The accuracy of the witness’ prior description of the criminal
(4) The witness’ level of certainty with his identification
(5) The time between the crime and the identification
When does the Sixth Amendment Right to Counsel in Identification attach?
The Sixth Amendment Right to Counsel in Identification only attaches after arrest (or “when the suspect becomes the defendant”).
What is the rule from Kirby v. Illinois?
The right to counsel attaches at the onset of a critical stage of prosecution (which investigations are not).
Are post-charge lineups or show-ups a critical stage of prosecution?
Yes, because individuals who are unrepresented could be falsely identified.
What happens if the defendant is not provided access to a lawyer for identification and does not waive their right to a lawyer?
The results of the identification will be excluded from the trial.
What is the rule from United States v. Ash?
The Sixth Amendment Right to Counsel does not attach to photo arrays (six packs).
Can witnesses conduct an in-court identification if previous evidence has been excluded?
Yes, if the prosecution can establish by clear and convincing evidence that the in-court identification is not the product of the tainted identification procedure.
