Pre-Trial Identification

Question 1

Methods of Attacking Pre-Trial Identification

Answer 1

Denial of Right to Counsel, Denial of Due Process

post-charge lineups AND showups invoke right to counsel

Question 2

No Right to Counsel in the Following

Answer 2

When police go to show witness/victim photographs..taking blood/handwriting samples, Pre-Charge Lineups, Brief recess during defendant’s testimony at trial, Parol and Probation Revocation, Taking of Fingerprints

Question 3

Denial of Due Process

Answer 3

Pre-Trial Identification SO unnecessarily suggestive and so substnatially likely to produce misidnetification that it denied due process of law

Question 4

Remedy for Denial of Due Process

Answer 4

Exclude in-court indentification, UNLESS state can show adequate independent source from that in-court indentification.

Most common: witness has adequate opportunity to observe defendant at the time of the crime.