Difference between revisions of "Pretrial Identification"

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(Key Cases)
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'''Table of Contents'''
 
'''Table of Contents'''
  
===Rights with Police ===
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== Rights/ Protections from Police ==
 
* [[Arrest]]
 
* [[Arrest]]
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* [[Confessions]]
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* [[Pretrial Identification]]
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* [[Right to Counsel]]
 
* [[Right to Silence]]
 
* [[Right to Silence]]
 
* [[Search and Seizure]]
 
* [[Search and Seizure]]
* [[Right to Counsel]]
 
* [[Confessions]]
 
* [[Pretrial Identification]]
 
  
===Rights at Detention===
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== Rights during Detention ==
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* [[Freedom from Punishment]]
 
* [[Right to Counsel]]
 
* [[Right to Counsel]]
 
* [[Right to Habeas Corpus]]
 
* [[Right to Habeas Corpus]]
* [[Right to be free of punishment]]
 
 
* Right to medical care
 
* Right to medical care
  
===Rights at Trial===
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== Rights at Trial ==
* [[Right to a Fair Trial]]
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* [[Double Jeopardy]]
* [[Right to Notice of Charges]]
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* [[Legality Principle]]
* Right to Trial by Jury
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* [[Presumption of Innocence]]
 
* [[Right to Compulsory Process]]
 
* [[Right to Compulsory Process]]
 
* [[Right to Confront Witnesses]]
 
* [[Right to Confront Witnesses]]
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* [[Right to Counsel (Trial)| Right to Counsel]]
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* [[Right to Fair Trial]]
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* [[Right to Notice of Charges]]
 
* [[Right to a Speedy Trial]]
 
* [[Right to a Speedy Trial]]
* [[Right to Counsel (Trial)| Right to Counsel]]
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* Right to Trial by Jury
* [[Presumption of Innocence]]
 
* [[Double Jeopardy]]
 
 
 
===Sentencing===
 
  
* Right to sentence free of torture
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== Sentencing ==
* [[Right to sentence without cruel or unusual punishment]]
 
 
* [[Death Sentence]]
 
* [[Death Sentence]]
* Right to fines that are not excessive
 
 
* [[Ex Post Facto Punishment]]
 
* [[Ex Post Facto Punishment]]
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* [[Freedom from Cruel or Unusual Punishment]]
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* Freedom from Torture
 
* [[Right to Appeal]]
 
* [[Right to Appeal]]
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* Right Not to be Fined Excessively
  
===Rights in Prison===
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== Rights in Prison ==

Revision as of 13:19, 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