Pretrial Identification

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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


Rights in Prison