Chapter Ten

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Chapter Ten Lineups and Other Means of Pretrial
Identification

• Rolando V. del Carmen

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Lineups and Other Means of Pretrial Identification

• Lineups
• The Right to Counsel during Lineups
• No right to counsel prior to a formal charge
• Kirby v. Illinois (1972)
• Right to Counsel Applies After Formal Charge
• United States v. Wade (1967)
• Gilbert v. California (1967)
• The Wade-Gilbert Rule
• The Relationship between the right to counsel and
  Miranda

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Lineups and Other Means of Pretrial Identification

• Lineups
• The Right to Counsel during Lineups
• The role of the lawyer during the lineup
• United State v. Ash (1973)
• When the lawyer fails to appear

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Lineups and Other Means of Pretrial Identification

• Lineups
• The Right to Due Process Applies
• Neil v. Biggers (1972)
• Foster v. California (1969)
• No Right against Unreasonable Searches and
  Seizures
• Schmerber v. California (1966)
• No Right against Self-Incrimination
• Does not extend to physical self-incrimination

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Lineups and Other Means of Pretrial Identification

• Showups
• Right to Counsel
• No Right to Counsel Prior to the Filing of a
  Formal Charge
• Right to Counsel Applies After Formal Charge
• Moore v. Illinois (1977)
• Right to Due Process Applies
• Stovall v. Denno (1967)
• No Right against Self-Incrimination

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Lineups and Other Means of Pretrial Identification

• Photographic Identifications
• No Right to Counsel
• Right to Due Process Applies
• Simmons v. United States (1968)
• Manson v. Brathwaite (1977)
• No Right against Unreasonable Searches and
  Seizures
• No Right against Self-Incrimination

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Lineups and Other Means of Pretrial Identification
Table 10.1 Summary of Eyewitness Identification and Suspects Constitutional Rights Table 10.1 Summary of Eyewitness Identification and Suspects Constitutional Rights Table 10.1 Summary of Eyewitness Identification and Suspects Constitutional Rights Table 10.1 Summary of Eyewitness Identification and Suspects Constitutional Rights Table 10.1 Summary of Eyewitness Identification and Suspects Constitutional Rights
Right to Counsel? Right to Due Process? Right against Unreasonable Search and Seizure Right against Self-Incrimination
Lineups Yes if formal charge No, if no formal charge Yes No No
Showups Yes if formal charge No, if no formal charge Yes No No
Photographic Identification No Yes No No
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Lineups and Other Means of Pretrial Identification

• Problems with Eyewitness Identification
• Hopelessly Unreliable
• No Prescribed Guidelines

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Lineups and Other Means of Pretrial Identification

• Eyewitness Identification Guidelines from the
  U.S. Department of Justice
• For Lineups
• Composing
• Presenting
• For Showups
• For Photographic Identifications

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Lineups and Other Means of Pretrial Identification

• Other Means of Identifying Suspects
• DNA Testing Results Admissible into Evidence
• Background
• United States v. Jakobetz (1992)
• Results and Some Legal Issues
• Unassailable Scientific Reliability
• Toward a National DNA Database
• The Future of DNA Testing

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Lineups and Other Means of Pretrial Identification

• Other Means of Identifying Suspects
• Polygraph Examinations Results Not Admissible in
  Court
• Frye v. United States (D.C. Cir. 1923)
• Daubert v. Merrell Dow Pharmaceuticals, Inc.
  (1993)
• United States v. Scheffer (1998)

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Lineups and Other Means of Pretrial Identification

• Other Means of Identifying Suspects
• Breathalyzer Tests Results Admissible
• Handwriting Samples Results Admissible
• United States v. Mara (1973)
• Hair Samples Results Admissible
• Brain Fingerprinting Too Early to Tell