Lineups
What case law addresses the 6th Amendment right to counsel in pretrial identification, citing that a defendant is not afforded counsel for these scenarios.
Kirby V Illinois
This is a one-to-one confrontation between a suspect and a witness to a crime.
What is a Showup
What percent of cases have been overturned due to mistaken eyewitness ID?
75%
Are DNA testing results admissible in court?
Yes
Facial recognition
A police identification procedure by which the suspect in a crime is exhibited, along with others with similar physical characteristics, before the victim or witness to determine if he can be identified as having committed the offense.
What is a short time?
Has eyewitness ID declined or increased in reliability in recent years?
decline.
Do convicted offenders have the right to refuse DNA sampling?
This provides strong scientific evidence that the record of the time of the crime stored in the suspect’s brain does or does not contain the salient facts about the crime, and does or does not contain the salient facts about the alibi.
Brain fingerprinting
This is the role of a lawyer if they are present for a lineup.
What is an interested observer?
Is there or is there not a right to counsel in a show-up?
What is no right to counsel.
What official guidelines are mandatory for photographic lineups or showups?
None
What does DNA testing match the result to?
DNA collected from the crime scene.
These results are often used in DUI cases
Intoxilizer/breathalyzer
A suspect can be forced to do what in a lineup? (achieve 3/6)
− Give blood samples
− Submit to a photograph
− Give handwriting samples
− Submit to fingerprinting
− Repeat certain words or gestures
− Appear in a lineup
What are 2 factors the court considers when determining if due process rights were violated?
− The witness’s opportunity to view the criminal at the time of the
crime
− The witness’s degree of attention at that time
− The accuracy of any prior description given by the witness
− The level of certainty demonstrated by the witness at the
identification
− The length of time between the crime and the identification
This department has released guidelines for lineups, showups, and photo ID.
DOJ Department of justice.
Can polygraph results be admissible in court?
Yes, if both parties agree to the admissibility
What makes Polygraph results inadmissible in most court settings?
Fails to conform to the Frye Doctrine.
This case law establishes that a right to counsel exists after the accused has been formally charged
with an offense.
US v Wade
Would a suspect's Miranda rights apply in a show-up?
No (strictly for the show up portion)
What is the goal of the guidelines enacted by states and the DOJ for Eyewitness ID?
Reduce mistakes
Can handwriting be used as evidence in criminal proceedings?
Yes
CODIS