Identifications

Question 1

The Due Process Standard applies when?

Answer 1

Applies to ALL types of identifications, at ALL stages of the investigatory and prosecutorial process.

Question 2

The Due Process Standard

Answer 2

If a defendant can prove that an identification procedure used by the government was so unnecessarily suggestive that it created an irreparable risk of mistaken identification; then procedure violates due process and ID may not be used at trial

Question 3

The focal point of this due process test is

2

Answer 3

reliability, which requires defendant to prove both:
(a) That the procedures used were unnecessarily suggestive

(b) That the suggestiveness produced an unreliable ID

Question 4

factors are considered to assess whether an unnecessarily suggestive procedure results in an unreliable identification:

Answer 4

(1) The opportunity to view the criminal at the scene;
(2) The witness’s degree of attention;
(3) The accuracy of the witness’s description;
(4) The degree of certainty of the witness; and
(5) The time interval between the crime and the identification (the longer the interval, the less reliable).

Question 5

When an out-of-court identification is excluded because it violates due process a subsequent in-court identification by the same witness:

Answer 5

Will almost always be excluded as fruit of a poisonous tree

Question 6

The Violation of the Right to Counsel as a Basis to Exclude an Eyewitness ID

Answer 6

(1) Applies only to corporeal identifications (in-person) and,
(2) only after the initiation of formal adversarial process (when the suspect becomes the defendant).

Question 7

If police conduct a corporeal lineup in violation of the Sixth Amendment right to counsel, the result

Answer 7

(1) The results of the lineup (the identification) are per se inadmissible at trial.
(2) The witness will be prohibited from making a subsequent in court identification of the defendant unless the prosecution can prove: by clear and convincing evidence that the in court identification is independent from the out of court

Question 8

Even if police act in total good faith, and the lawyer is absent because of his how negligence, conducting the lineup without his presence

Answer 8

violates the sixth amendment

Question 9

What is the right of a ∆ to have counsel present during a post-charge lineup

Answer 9

∆ has an absolute right to have counsel present during the entire line-up procedure