Pre-Trial Identification Flashcards
What are the two substantive bases on which you can attack a pretrial identification?
- Denial of the right to counsel
2. Denial of Due Process
When does the right to counsel begin?
Post-charge lineups and show-ups
Is there a right to counsel if the police go out to show the victim or witness pictures?
NO.
Is there a right to counsel during the taking of blood samples?
No.
Is there a right to counsel during handwriting samples?
No.
Is there a right to counsel during pre-charge lineups?
No.
Is there a right to counsel during post-charge lineups?
Yes.
Is there a right to counsel during brief recess during defendant’s testimony at trial?
No.
Is there a right to counsel at parole and probation revocation proceedings?
No.
Can the cops take fingerprints without counsel present?
Yes.
When is there a denial of due process during pre-trial identification?
If the techniques used are so unnecessarily suggestive and so substantially likely to produce a misidentification that they deny due process of law.
What is the remedy for unconstitutional pretrial identification?
Exclude the in-court identification, unless the State can show that it had an adequate independent source for the in-court identification (independent of that bad lineup)
What is the most common independent source?
That the victim had an adequate opportunity to observe the defendant at the time of the crime.
