Chapter Ten – Lineups and Other Means of Pretrial Identification - PowerPoint PPT Presentation

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Chapter Ten – Lineups and Other Means of Pretrial Identification

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  1. Chapter Ten – Lineups and Other Means of Pretrial Identification Rolando V. del Carmen

  2. 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) • 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. Lineups and Other Means of Pretrial Identification

  8. Lineups and Other Means of Pretrial Identification • Problems with Eyewitness Identification • “Hopelessly Unreliable” • No Prescribed Guidelines

  9. 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

  10. Lineups and Other Means of Pretrial Identification • Other Means of Identifying Suspects • DNA Testing: Results Admissible into Evidence • Background • United States v. Jakobetz (1992) • Results and Some Legal Issues • Unassailable Scientific Reliability • Toward a National DNA Database • The Future of DNA Testing

  11. 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)

  12. 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