Pretrial identification

Question 1

2 ways to attack a pretrial identification

Answer 1

1) denial of right to counsel

2) denial of due process

Question 2

What pretrial identification situations give rise to right to counsel?

Answer 2

POST-charge line ups (standing in line) (as critical stage of prosecution and D has 6th A right to counsel) (as soon as D is in sight of identification witnesses)

show ups (one-on-one)

Question 3

Is there a right to counsel when police go out to show victim or witness photographs?

Answer 3

No

Question 4

What pre-trial stages give NO right to counsel (6)

Answer 4

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

Question 5

When are pretrial identification techniques a denial of due process?

Answer 5

techniques are so UNNECESSARILY SUGGESTIVE and

so substantially like to produce a MISIDENTIFICATION

that they deny due process of law

Question 6

Remedy for unconstitutional pre-trial identification?

Answer 6

exclude the in-court identification

UNLESS state can show that it had an adequate independent source for that in-court identification (independent of the bad line up)

Question 7

Most common independent source

Answer 7

victim or witness had an adequate opp to observe the D at the time of the crime