Difference between revisions of "Eyewitness Misidentification"

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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 there is no valid privilege against self-incrimination claim.  
 
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.  
  
Preparing the Client: If the client is asked to participate in a lineup, it is important to brief him/her to cooperate with the police and avoid any obstreperous behavior. The lack of cooperation can be used against the client later on in trial. Advise the client not to say anything to the other people chosen to appear in a lineup. If the client has not appeared in a lineup in the past, find out how the lineup is conducted in the locality and explain the process to the client.  
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'''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. 
  
Defender Attendance at the Lineup: In the event that attendance at the lineup. Read the National Institute of Justice's report entitled "Eyewitness Evidence - A Guide for Law Enforcement" in order to gain a better understanding of the fair way to conduct lineups. The action of the defender at the lineup is dependent on what the defender anticipates in court. In general, the role of the defender should be a passive one, but the level of involvement depends on many variables such as: the potential culpability of the client, the defender's knowledge about the trial/investigation and knowledge about the police.  
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'''Lineup Attendance:''' Defender should attend the lineup whenever possible. Read the National Institute of Justice's report entitled "Eyewitness Evidence - A Guide for Law Enforcement" in order to gain a better understanding of the fair way to conduct lineups. The action of the defender at the lineup is dependent on what the defender anticipates in court. In general, the role of the defender should be a passive one, but the level of involvement depends on many variables such as: the potential culpability of the client, the defender's knowledge about the trial/investigation and knowledge about the police.  
  
 
- Passive Role: If the police use suggestive procedures, it may be best to remain passive but document the procedures in order to discredit the witness in court. Ideally, the defender should carry a small video camera and record what happens during the lineup. The defender should also be accompanied by a third party, a relatively unbiased third party "prover."  
 
- Passive Role: If the police use suggestive procedures, it may be best to remain passive but document the procedures in order to discredit the witness in court. Ideally, the defender should carry a small video camera and record what happens during the lineup. The defender should also be accompanied by a third party, a relatively unbiased third party "prover."  

Revision as of 16:34, 21 May 2010