Difference between revisions of "Pretrial Identification"

Revision as of 22:25, 8 June 2010

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.

@@ Line 11: / Line 11: @@
 *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===
+See [[Rights of the Accused]]
-* [[Arrest]]
-* [[Confessions]]
-* [[Pretrial Identification]]
-* [[Right to Counsel]]
-* [[Right to Silence]]
-* [[Search and Seizure]]
-===Rights during Detention===
-* [[Freedom from Punishment]]
-* [[Right to Counsel]]
-* [[Right to Habeas Corpus]]
-* Right to medical care
-===Rights at Trial===
-* [[Double Jeopardy]]
-* [[Legality Principle]]
-* [[Presumption of Innocence]]
-* [[Right to Compulsory Process]]
-* [[Right to Confront Witnesses]]
-* [[Right to Counsel (Trial)| Right to Counsel]]
-* [[Right to Fair Trial]]
-* [[Right to Notice of Charges]]
-* [[Right to a Speedy Trial]]
-* Right to Trial by Jury
-===Sentencing===
-* [[Death Sentence]]
-* [[Ex Post Facto Punishment]]
-* [[Freedom from Cruel or Unusual Punishment]]
-* Freedom from Torture
-* [[Right to Appeal]]
-* Right Not to be Fined Excessively
-===Rights in Prison===