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9 Cards in this Set
- Front
- Back
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Three types of Pretrial identifications |
1) Line-ups 2) Show Ups 3) Photo Arrays |
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Two Challenges to pretrial identification |
1) Denial of the right to counsel 2) Violation of Due Process |
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Pretrial ID: Right to counsel - fifth amendment |
No fifth amendment right to counsel under the miranda doctrine for pre-trial ID's |
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Pretrial ID: Right to Counsel - sixth amendment |
There is a 6th Amendment right to counsel at line ups and show ups |
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NY right to counsel at pretrial ID |
You have the right to counsel at line-ups conducted before filing of formal charges if the police are aware that you are represented by counsel and you request counsel be present |
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Pretrial ID: Violations of Due Process: Rule |
A pretrial ID violates due process when it is so unneccessarily suggestive that it creates a substantial likelihood of misidentification |
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Remedy for unconstitutional Pretrial ID |
Exclusion of witness' in court ID |
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When a in court ID is permitted despite a unconstitutional Pre trial ID |
when the prosecution can prove that it is based on observations of the suspect other than the unconstitutional show up, line up or photo array |
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factors prosecution can use to allow incourt ID |
1) witnesses opportunity to view the defendant at the crime scene 2) the specificity of the description given the police and 3) the certainty of the identification |
