Pretrial ID Flashcards
Two substantive bases on which you can attack a pretrial ID.
Denial of the right to counsel; AND
Denial of DP
Post-charge _____ and _____ give rise to a right to counsel.
Lineups and showups
There is/isn’t a right to counsel when the police go out to show the victim or witnesses photographs.
Is
RtC for blood samples?
No
RtC for handwriting samples?
No
RtC for pre-charge lineups?
No
RtC for post-charge lineups?
Yes
RtC for brief recesses during D’s trial testimony?
No
RtC for parole and probations revocation proceedings?
No
RtC for taking of fingerprints?
No
When will a pretrial ID technique violate DP?
When unnecessarily suggestive and substantially likely to produce a misidentification.
What is the remedy for an unconstitutional pretrial ID? Exception?
Exclude the in-court ID UNLESS the state can show that it had adequate independent sources for that in-court ID (independent of the bad lineup).
When state can show that it had adequate independent sources for that in-court ID (independent of the bad lineup), what is the most common independent source?
The victim’s testimony that he had an adequate opportunity to observe the D at the time of the crime.
