Pg 33 Flashcards
What is the due process suggestiveness rule with regard to identification procedures?
Any identification procedure that is unnecessarily suggestive can be excluded if, under the totality of the circumstances, it is unreliable.
This means that police need to make sure that the lineup consists of people with similar physical characteristics and presentation. They also need to be careful about the way they present things such as all of the photos being in black-and-white except one.
How do you get suggestiveness in an identification procedure?
Anytime that something stands out. So this could be using all black and white pictures and one colour picture, or different formats where everyone is neck up except one person is full body, or using one casual picture and the rest mug shots, etc.
What is the problem with bringing a bunch of witnesses together to identify people?
Each witness can be influenced by the other witness’ behaviour
If improper out of court identification procedures were used, what happens?
That can result in the suppression of in court testimony if it produces a substantial likelihood of an irreparable misidentification.
If a neighbour saw a guy stealing car stereos and then he pointed out the window and said that was the guy, can the reliability of his identification be questioned?
No, you can only question the reliability of an identification procedure if police were involved. This didn’t involve anything to do with the police
When can a trial judge exclude relevant evidence?
If its probative value is substantially outweighed by its prejudicial impact or potential to mislead the jury
What is a grand jury investigation?
Prosecutions for all felonies must be brought by a grand jury‘s indictment. This involves bringing a charging instrument to the grand jury and then they must approve it as a true bill by finding that the government’s evidence is sufficient to proceed. This can also happen by presentment which is when the charging instrument is issued by the grand jury on the its own initiative and based on its knowledge and investigation
How is a grand jury investigation both a shield and a sword?
– Shield: it is a screening agency between the government and individuals. The grand jury reviews the evidence that the government has and screens the government’s decision to charge. It will refuse to indite if the evidence is insufficient.
– Sword: examines situations while still in the inquiry state and uncovers evidence that wasn’t previously known to the prosecution
How are grand jury jurors selected?
They are drawn from the public the same as regular jurors
What is the prosecutor’s role with regard to a grand jury?
He is a legal advisor to them and he has the initial authority to determine who is subpoenaed to testify and what questions they will be asked.
If a witness won’t comply with a grand jury subpoena, what happens?
A contempt citation is sought
What is contempt of court?
When a witness is sentenced to imprisonment or a fine for not complying with a court order.
What is a subpoena duces tecum?
This gets tangible evidence. It is used if there’s a need to see lots of records from different locations such that it makes a search impractical or there’s a need to get records from uninvolved third parties like banks and it doesn’t require that you provide grounds.
What is the way to object to a subpoena duces tecum?
Can object based on the burden or expense of assembling a large quantity of records
What is a subpoena add testificandum?
This gets testimony.
