Eyewitnesses

Question 1

What are the three types of eye-witness identifications

Answer 1

1.) line-up

2.) show-up

3.) six pack/photo array

Question 2

What are factors which may limit the reliability of eyewitnesses?

Answer 2

1.) stress and anxiety

2.) limitation of human memory

3.) cross-race bias

4.) tendency to focus on weapon

5.) suggestive police procedures

Question 3

When are the 5th and 14th amendment due process violated in eyewitness identifications?

Answer 3

Due process is violated where identification procedures are unnecessarily suggestive and conducive to misidentifications

Question 4

What is the test for whether a procedure is unnecessarily suggestive?

Answer 4

Utilizes a totality of the circumstances test to determine.

Absent any unnecessarily suggestive procedures only need to screen reliability.

Question 5

Who determines whether the witness is reliable?

Answer 5

Jury determination, court does not pre-screen.

Question 6

What factors are used to determine whether a witness is reliable?

Answer 6

1.) Witness ability to give description

2.) time between incident and identification

3.) witness opportunity to view the defendant

4.) Witness degree of attention

5.) Witness confidence in identification

Question 7

Does the 6th amendment right to counsel attach during a post-arrest (but pre-charge) show-up?

Answer 7

No. Not considered a critical stage of criminal prosecution.

Question 8

When does the 6th amendment right to counsel attach

Answer 8

At the critical stage of criminal prosecution

Question 9

Does the 6th amendment right to counsel attach during a post- arrest or charge six pack identification?

Answer 9

No.

Question 10

Does the 6th amendment right to counsel attach during post-charge lineups and show-ups?

Answer 10

Yes. unrepresented individuals are at a greater risk of being falsely identified.

failure to permit attorney’s presence without the defendant waiving this right leads to evidence being excluded.

Question 11

If a out-of-court identification has violated either due process or the 6th amendment right to an attorney, are in-court identifications still permissible evidence?

Answer 11

Yes, so long as prosecution can show that the in-court identification was not tainted/the product of the prior improper procedure.