Pg 32 Flashcards
Does the fifth amendment give a criminal suspect a right of non-participation in identification procedures?
No. It only protects been against being compelled to testify against yourself or provide the state with evidence of a testimonial or communicative nature from your own mouth.
What kind of things are not protected by the fifth amendment so that a suspect must participate in these identification procedures?
– providing a blood sample to prove a DUI – fingerprinting – photographing – measurements – writing or speaking samples – appearing in court – having to stand, walk, do a gesture, or say a phrase – physical exams – x-rays – UV light – casts of your teeth – removing your glasses – putting on an item such as a mask, wig, or shoe – showing a tattoo
In what situations will your voice be required and what situations will it be protected under the 5th amendment?
– required: you can be required to use your voice as an identifying physical characteristic
– protected: you will not be required to speak your guilt
If a defendant refuses to do an identification procedure, what happens?
- the prosecution can comment on it
- it can be considered circumstantial evidence of guilt [such as flight or escape from custody]
- police can continue with the identification procedure over the defendant’s objection [although this may violate due process and get excluded]
If a suspect changes his appearance between his arrest and a lineup, what happens?
The change in appearance can be presented to the jury as evidence of guilt, or an identification procedure can be done to simulate the defendant’s previous appearance. I.e.: he can be asked to wear a fake beard, or a wig, to dye his hair, to have a make-up artist work on him, etc. But things like having to shave a beard requires a substantial justification for that kind of action
If there was a stabbing victim that was in the hospital in life-threatening condition, can the defendant be brought to the hospital handcuffed in order for the victim to identify him?
Not if under the totality of the circumstances the confrontation was so impermissibly suggestive and conducive to irreparable mistaken identification that the defendant violated due process.
What is the test that you need to ask yourself about with regard to the timing of an identification?
- Is there a good reason for not using a less suggestive procedure?
- Was it necessary?
What is a situation when it would be permissible to bring a defendant to a victim’s hospital room in order to identify him?
If the victim is in critical condition and will likely not live, so the police need an identification while the victim is alive
If there is an accidental show up that was not planned by the police, such as a witness seeing a defendant at a courthouse or a station, is there a due process issue involved?
No, because the police weren’t involved in orchestrating the confrontation
What are different types of identification procedures?
- lineups
– photo identification
– one man show ups
– in court identifications
What is the most useful and least questionable identification procedure?
Lineups
To be most fair, how many people should be in a lineup?
Six similar people, although courts only require three.
When you are picking people to go in a lineup, how should you choose them?
The physical characteristics such as age, dress, features, and race should be fairly uniform, although courts often allow significant dissimilarities
Is it necessary for an attorney to be present for a lineup?
Only if the suspect has already been indicted, but not before. And the requirement for counsel only applies to live lineups, not to show ups
With regard to a photo identification, the smaller the number of photographs, the more what?
Suggestive it is
