Difference between revisions of "Showups, Lineups, and Photo Arrays"

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The criminal defense attorney should endeavor, whenever possible, to be physically present during any identification of his or her client. This is the only way to guarantee that the identification is fair and is not coercive. As a practical matter this is not always possible. Presence of a criminal defense attorney at an identification procedure poses certain ethical problems. For instance, if the defense attorney is compelled to become a witness in the trial he may then be forced to withdraw as counsel to the case because of this conflict of interest.
 
The criminal defense attorney should endeavor, whenever possible, to be physically present during any identification of his or her client. This is the only way to guarantee that the identification is fair and is not coercive. As a practical matter this is not always possible. Presence of a criminal defense attorney at an identification procedure poses certain ethical problems. For instance, if the defense attorney is compelled to become a witness in the trial he may then be forced to withdraw as counsel to the case because of this conflict of interest.
  
As a general rule identification procedures should not be "unnececessarily suggestive".<ref> Stovall v. Denno, 388 U.S. 293 (1967)</ref>. In determining what is "fair" or "unfair" in identification procedures (the due process question), the courts consider all the circumstances leading up to the identification.  Unfairness will be found only when, in the light of all the circumstances, the identification procedure was so suggestive as to give rise to a real and substantial likelihood of irreparable misidentification. <Neil v. Biggers, 409 U.S. 188 (1972)</ref>   
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As a general rule identification procedures should not be "unnececessarily suggestive".<ref> Stovall v. Denno, 388 U.S. 293 (1967)</ref>. In determining what is "fair" or "unfair" in identification procedures (the due process question), the courts consider all the circumstances leading up to the identification.  Unfairness will be found only when, in the light of all the circumstances, the identification procedure was so suggestive as to give rise to a real and substantial likelihood of irreparable misidentification. <ref> Neil v. Biggers, 409 U.S. 188 (1972) </ref>   
  
 
==Procedures for Challenging Identification Procedures==
 
==Procedures for Challenging Identification Procedures==

Revision as of 12:17, 27 July 2010