Difference between revisions of "Eyewitness Misidentification"

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(''Neil v. Biggers'' 409 U.S. 188, 199 (1972)).  
 
(''Neil v. Biggers'' 409 U.S. 188, 199 (1972)).  
  
Participation of the Client: In the United States, there are no legal grounds for failing to participate in a lineup, especially if the client is already in custody. Since the client's participation in there is no valid privilege against self-incrimination claim.  
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Participation of the Client: In the United States, there are no legal grounds for failing to participate in a lineup, especially if the client is already in custody. Since the client's participation in a lineup is non-testimonial, there can be no valid claim of privilege on the basis of the right against self-incrimination.  
  
 
'''Client Preparation:''' If client is asked to participate in a lineup, it is important to brief him/her to cooperate and avoid any obnoxious behavior. Lack of cooperation can be used against the client at trial.  The Defender should research how lineups are conducted in the locality and explain the process to the client.  Also, should advise his/her client not to speak to other members of the lineup.   
 
'''Client Preparation:''' If client is asked to participate in a lineup, it is important to brief him/her to cooperate and avoid any obnoxious behavior. Lack of cooperation can be used against the client at trial.  The Defender should research how lineups are conducted in the locality and explain the process to the client.  Also, should advise his/her client not to speak to other members of the lineup.   

Revision as of 16:52, 21 May 2010