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Chapter Ten – Lineups and Other Means of Pretrial Identification

Chapter Ten – Lineups and Other Means of Pretrial Identification. Rolando V. del Carmen. 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)

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Chapter Ten – Lineups and Other Means of Pretrial Identification

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  1. Chapter Ten – Lineups and Other Means of Pretrial Identification Rolando V. del Carmen

  2. 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

  3. 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

  4. 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

  5. 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

  6. 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

  7. Lineups and Other Means of Pretrial Identification

  8. Lineups and Other Means of Pretrial Identification • Problems with Eyewitness Identification • “Hopelessly Unreliable” • No Prescribed Guidelines

  9. 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

  10. 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

  11. 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)

  12. 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

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