Difference between revisions of "Pretrial Identification"
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== Background == | == Background == | ||
| − | + | A pre-trial identification may be crucial in establishing eyewitness testimony that a defendant committed a crime. Several types of pre-trial identification exist: [[Showups, Lineups, and Photo Arrays | shosups, lineups, and photo arrays]] being the most common. | |
== Key Cases == | == Key Cases == | ||
Revision as of 09:21, 16 July 2010
Background
A pre-trial identification may be crucial in establishing eyewitness testimony that a defendant committed a crime. Several types of pre-trial identification exist: shosups, lineups, and photo arrays being the most common.
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.
