Pretrial ID and Procedures

Question 1

Attacks of pretrial ID

Answer 1

1) Denial of right to counsel

2) denial of due process

Question 2

Denial of right to counsel: pretrial ID attack

Answer 2

1) post-charge line-ups
2) post-charge stand-ups
NOTE: no right to counsel when police give witnesses photographs

Question 3

No right to counsel

Answer 3

1) taking of blood samples
2) taking of handwriting samples
3) brief recess during D’s testimony at trial
4) pre-charge lineups
5) parole and probation revocation proceedings
6) taking of finger-prints

Question 4

Denial of due process: pretrial

Answer 4

pretrial Id techniques which are

1) unnecessarily suggestive
2) substantially likely to produce a misidentification

Question 5

remedies to uncon. pretrial ID

Answer 5

1) exclude the ID in court BUT
2) if state can show that it had an adequate independent source for that ID can be allowed in
3) generally independent source = victim or witness that had an adequate opportunity to observe the D at the time of the crime

Question 6

Bail

Answer 6

1) immediately appealable

2) preventive detention is constitutional

Question 7

Grand Jury

Answer 7

1) exclusion rule does not apply
2) proceedings are secret
3) D has no right to appear or send in witnesses

Question 8

Prosecutorial Duty to disclose exculpatory info

Answer 8

1) failure, willful or inadvertent, violates DP and may be grounds for reversal
2) will be grounds for reversal if
(a) evidence is favorable to D AND
(b) prejudice has resulted, meaning there is a resonable probability that the result would have been different had the information been disclosed