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) 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

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

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

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

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

Lineups and Other Means of Pretrial Identification 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 YesNo ShowupsYesNo Photographic Identification NoYesNo

Lineups and Other Means of Pretrial Identification  Problems with Eyewitness Identification –“Hopelessly Unreliable” –No Prescribed Guidelines

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

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

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)

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