Top 5 Important Cases
A police lineup or other face-to-face confrontation after the accused has been formally charges with a crime is considered a 'critical stage of the proceedings' so the accused has a right to have counsel present.
Unites States v Wade (1967)
A suspect in a lineup has no right to a lawyer at the lineup if they have not been ___.
Formally charged with an offense
What identification has declined in reliability and become the subject of changes in legislation and court decisions?
What is eyewitness testimonies?
What tests compares a sample of a person to a sample recovered during the investigation?
What is DNA testing?
What examination is dependent on the opinion of the examiner?
What is Polygraph Examination?
Police identification procedures that are 'fraught with dangers of suggestion' are invalid because they violate the accused's right to due process.
Gilbert v California (1967)
A lineup or other face-to-face confrontation after the accused has been formally charged with an offense is considered a critical stage of the proceeding the accused has the right to have counsel present.
There are three forms of eyewitness testimonies.
What are lineups, shows, and photographic identification?
How many death row inmates have the Innocence Project exonerated using DNA evidence?
What is 17?
What test determines if a driver has been under the influence?
What is Breathalyzer Tests?
There is no right to counsel at police lineups or identification procedures prior to the time the suspect is formally charged with a crime.
Kirby v Illinois (1972)
What is the main role of a lawyer during a lineup?
What is an observer?
What case states 'these studies confirm that eyewitness testimony is often 'hopelessly' unreliable"?
What is Wisconsin v Dubose (2005)
What is the program where law enforcement officials around the country can upload DNA information about criminals?
What is a National DNA Database?
What sample has been held to be constitutional in the Supreme Court case, United States v Mara (1973)?
What are handwriting samples?
Identification procedures must be fair. To determine whether the procedures were fair courts must consider all the circumstances leading to the identification. Courts will find the procedure was unfair only when in light of all such circumstances it was so suggestive as to give raise to a real substantial likelihood of irreparable misidentification.
The initiation of judicial criminal proceedings is far from a mere formalism that it is only then that the adverse positions of government and defendant have solidified a defendant finds himself faced with the prosecutorial forces of organized society and immersed in the intricacies of substantive and procedural criminal law.
What is Kirby v Illinois
How must eyewitness be shown a photographic lineup?
What is one at a time?
What Supreme Court case held that it is constitutional to take DNA samples from felony arrestees who are booked on serious charges because the collection and analysis of DNA serves as legitimate government interest, that of accurately identifying arrestees?
What is Maryland v King (2013)?
What samples is used to detect drug use for a long period of time?
What are hair samples?
Federal courts not allow the admission of expert testimony pertaining to scientific, technical, or other specialized knowledge that will assist the judge or jury in understand the evidence or in determining the face in issue. The Daubert doctrine replaces the Frye doctrine as the standard for admissibility of scientific evidence in federal courts.
Daubert V Merrell Dow Pharmaceuticals, Inc. (1993)
The right to counsel during lineups must be considered in terms of what two stages?
Before and after the filing of a formal charge
What is the two-pronged test for eyewitness identification?
1. Whether the police used an unnecessarily suggestive procedure
2. Whether that procedure 'so tainted the resulting identification as to render it unreliable and thus inadmissible.
What is Combined DNA Index System?
What is a way of identifying a suspect by combining driver's license photos with pictures of convicts in a high-tech analysis of chin widths and nose sizes?