Transcript document

Chapter Ten – Lineups and Other Means
of Pretrial Identification
Rolando V. del Carmen
Lineups and Other Means of Pretrial
Identification
 Lineups
– The Right to Counsel during Lineups
• No right to counsel prior to a formal charge
– Kirby v. Illinois (1972)
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Right to Counsel Applies After Formal Charge
United States v. Wade (1967)
Gilbert v. California (1967)
The Wade-Gilbert Rule
The Relationship between the right to counsel and
Miranda
Lineups and Other Means of Pretrial
Identification
 Lineups
– The Right to Counsel during Lineups
• The role of the lawyer during the lineup
– United State v. Ash (1973)
• When the lawyer fails to appear
Lineups and Other Means of Pretrial
Identification
 Lineups
– The Right to Due Process Applies
• Neil v. Biggers (1972)
• Foster v. California (1969)
– No Right against Unreasonable Searches and
Seizures
• Schmerber v. California (1966)
– No Right against Self-Incrimination
• Does not extend to physical self-incrimination
Lineups and Other Means of Pretrial
Identification
 Showups
– Right to Counsel
• No Right to Counsel Prior to the Filing of a
Formal Charge
• Right to Counsel Applies After Formal Charge
– Moore v. Illinois (1977)
– Right to Due Process Applies
• Stovall v. Denno (1967)
– No Right against Self-Incrimination
Lineups and Other Means of Pretrial
Identification
 Photographic Identifications
– No Right to Counsel
– Right to Due Process Applies
• Simmons v. United States (1968)
• Manson v. Brathwaite (1977)
– No Right against Unreasonable Searches and
Seizures
– No Right against Self-Incrimination
Lineups and Other Means of Pretrial
Identification
Table 10.1 Summary of Eyewitness Identification and Suspects’
Constitutional Rights
Lineups
Showups
Photographic
Identification
Right to
Counsel?
Right to
Due
Process?
Right against
Unreasonable Search
and Seizure
Right against
SelfIncrimination
Yes: if
formal
charge
No, if no
formal
charge
Yes
No
No
Yes
No
No
No
Yes
No
No
Lineups and Other Means of Pretrial
Identification
 Problems with Eyewitness Identification
– “Hopelessly Unreliable”
– No Prescribed Guidelines
Lineups and Other Means of Pretrial
Identification
 Eyewitness Identification Guidelines
from the U.S. Department of Justice
– For Lineups
• Composing
• Presenting
– For Showups
– For Photographic Identifications
Lineups and Other Means of Pretrial
Identification
 Other Means of Identifying Suspects
– DNA Testing: Results Admissible into
Evidence
• Background
– United States v. Jakobetz (1992)
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Results and Some Legal Issues
Unassailable Scientific Reliability
Toward a National DNA Database
The Future of DNA Testing
Lineups and Other Means of Pretrial
Identification
 Other Means of Identifying Suspects
– Polygraph Examinations: Results Not
Admissible in Court
• Frye v. United States (D.C. Cir. 1923)
• Daubert v. Merrell Dow Pharmaceuticals, Inc.
(1993)
• United States v. Scheffer (1998)
Lineups and Other Means of Pretrial
Identification
 Other Means of Identifying Suspects
– Breathalyzer Tests: Results Admissible
– Handwriting Samples: Results Admissible
• United States v. Mara (1973)
– Hair Samples: Results Admissible
– Brain Fingerprinting: Too Early to Tell