CRIM 424 Lecture Notes - Lecture 14: Eyewitness Identification, Exigent Circumstance, Blind Experiment
28 Nov 2018
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Document Summary
Given these concerns, important to adhere to specific procedures designed to minimize claims of unnecessary suggestiveness and lessen the possibility of misidentification. Important to adhere to specific procedures designed to minimize claims of unnecessary suggestiveness and lessen the possibility of misidentification. If it was suggestive, courts will then consider whether it is still reliable given all the circumstances surrounding the identification. Witness is presented one suspect to view: field identification . Inherently suggestive: the show-up by its very nature is suggestive given the witness is presented with just one person, suggesting the person to identify. Investigative value inherently suggestive: have investigative value and thus the courts, while skeptical, do allow for their use to support identification of the defendant. Constitutional concerns: fourth amendment challenges, was the show-up conducted as part of an unreasonable investigative (temporary) detention, due process implications. Inherently suggestive but is it reliable: strong interest in resolving a case soon after a crime as committed, 6th amendment implications.
