Difference between revisions of "Pretrial Identification"

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'''Table of Contents'''
 
'''Table of Contents'''
 
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===Rights/ Protections from Police===
== Rights/ Protections from Police ==
 
 
* [[Arrest]]
 
* [[Arrest]]
 
* [[Confessions]]
 
* [[Confessions]]
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* [[Search and Seizure]]
 
* [[Search and Seizure]]
  
== Rights during Detention ==
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===Rights during Detention===
 
* [[Freedom from Punishment]]
 
* [[Freedom from Punishment]]
 
* [[Right to Counsel]]
 
* [[Right to Counsel]]
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* Right to medical care
 
* Right to medical care
  
== Rights at Trial ==
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===Rights at Trial===
 
* [[Double Jeopardy]]
 
* [[Double Jeopardy]]
 
* [[Legality Principle]]
 
* [[Legality Principle]]
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* Right to Trial by Jury
 
* Right to Trial by Jury
  
== Sentencing ==
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===Sentencing===
 
* [[Death Sentence]]
 
* [[Death Sentence]]
 
* [[Ex Post Facto Punishment]]
 
* [[Ex Post Facto Punishment]]
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* Right Not to be Fined Excessively  
 
* Right Not to be Fined Excessively  
  
== Rights in Prison ==
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===Rights in Prison===

Revision as of 13:56, 1 June 2010

Background

Key Cases

  • United States
    • Neil v. Biggers, 409 U. S. 188 (1972) - In Neil v. Biggers, the US Supreme Court provided the defendant with a mechanism to challenge a pre-trial identification by requesting a hearing on the validity of the identification.

The two-pronged test asks:

  • 1) whether the identification procedure was suggestive, and
  • 2) if it was suggestive, whether there were indicia of reliability such that the witness's testimony should still be admissible even if the procedure was suggestive.

Rights of the accused

Table of Contents

Rights/ Protections from Police

Rights during Detention

Rights at Trial

Sentencing

Rights in Prison