Pretrial Identification

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, were there 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 with Police

• Arrest
• Right to Silence
• Search and Seizure
• Right to Counsel
• Confessions
• Pretrial Identification

Rights at Detention

• Right to Counsel
• Right to Habeas Corpus
• Right to be free of punishment
• Right to medical care

Rights at Trial

• Right to a Fair Trial
• Right to Notice of Charges
• Right to Trial by Jury
• Right to Compulsory Process
• Right to Confront Witnesses
• Right to a Speedy Trial
• Right to Counsel
• Presumption of Innocence
• Double Jeopardy

Sentencing

• Right to sentence free of torture
• Right to sentence without cruel or unusual punishment
• Death Sentence
• Right to fines that are not excessive
• Ex Post Facto Punishment
• Right to Appeal