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11 Cards in this Set
- Front
- Back
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Circumstantial Evidence |
Can be more damning than direct Includes DNA evidence |
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Direct Evidence |
eyewitness testimony |
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Eye Witness Testimony |
Receiving - people perceive differently Retaining - people tend to fill in things forgotten Relating - ID can be suggestive |
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Out of Court ID |
show up - one person witness is asked to ID line up - multiple people witness ID's one Photo arrays Vice, walk, smell |
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Post Indictment line up |
RTC attaches because risk of misidentification makes it a critical stage. Can witness how it is conducted and attack reliability later at trial. No distinction between formal/informal charges. |
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Compulsion to exhibit physical characteristic |
Does NOT violate 5th amendment because ∆ is not providing testimony or statements that are incriminating |
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Pre Indictment ID |
No 6th amendment violation because before prosecution, not critical stage, and can be recreated at trial |
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Pre Trial ID DP Violation |
1. Per Se Approach 2. Totality of Circumstances Approach |
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Per Se Approach |
requires exclusion of out of court ID because procedures were unnecessarily suggestive |
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Totality of Circumstances Approach |
more lenient - focus on reliability features -opportunity to view -degree of attention -accuracy of description -level of certainty (not valid) -time |
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Eyewitness Evidence |
No DP rule requiring reliability screening without improper state conduct |
