NY BAR REVIEW CRIMINAL LAW AND PROCEDURE 5 Flashcards
identification procedures
shouldn’t be unnecessarily suggestive to give rise to real and substantially likelihood of misidentification
also the circumstances leading up to them
show up
corporeal identification
shortly thereafter a crime
bring suspect to scene of crime or police station
bring witness there
most suggestive - only one person is shown
strongly disfavored but permissible if exigent circumstances
line up
several persons other people based on description of defendant to match same color same height same hair less suggestive reduces suggestive nature at least 6 should be used, in others may use 3
photo line up
less suggestive
set of photos to victim or witness
for public safety sometimes
may use only one if violent case or emergency
no right to have attorney present for the defendant
pretrial photo id
not allowed to admit in evidence in ny, regardless if procedure comported w due process
in court identification
criminal procedure law
witness identifies def in court room as perpetrator who was at scene of crime
primary means of identification
even if there’s an independent means of identify
in court identification
criminal procedure law
witness identifies def in court room as perpetrator saw who was at scene of crime
reinforces primary means of identification
even if there’s an independent source justifying in court identification, evidence of an unneccesarily suggestive police arrangeed pretrial id proceeding must be excluded at trial as a matter of state constitutional law
in court identification
criminal procedure law
witness identifies def in court room as perpetrator saw who was at scene of crime
reinforces primary means of identification
even if there’s an independent source justifying in court identification, evidence of an unnecessarily suggestive police arranged pretrial id proceeding must be excluded at trial as a matter of state constitutional law
grand jury
secret procedure
only district attorney
and grand jurors panel
and witness
present evidence to determine if enough evidence is present to determine if crime was committed and if person charged committed crime
anyone wan serve 16-23
figure if to continue with case to be prosecuted
12 or more must agree to indict , then case proceeds to trial
indictment
TRUE BILL
case proceed to plea or trial
cannot proceed to trial on felony complaint
unless was indicted or waive indictment
grand jury doesn’t indict
NOT TRUE BILL
dismiss case
sealed
grand jury cannot reach an agreement on indictment
no action taken
grand jury returns less serious charges
misdemeanor especially
case sent to lower court
indictment
accusation
