SPEA-J - Public And Environmental Affairs SPEA-J 302 Chapter Notes - Chapter 9: Eyewitness Identification, Denno, Arraignment
25 Aug 2016
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Right to counsel: after an indictment has been filed, the 6th"s right to counsel applies to the witness id process us v. wade. The key to wade is that the lineup was done post indictment. Another important aspect is that the decision distinguished lineups from various other preparatory steps, such as systematized or scientific analyzing of the accused"s fingerprints, blood sample, clothing, & hair. The sc has extended the 6th"s right to counsel to include other hearings like prelim & arraignment. Due process: the accused is entitled to protections against procedures so unnecessarily suggestive & conducive to irreparable mistaken id as to amount to a due process violation stovall v. denno. In general, for an id procedure to satisfy the due process clause, it must be reliable. Reliability is determined in light of the facts & circumstances surrounding the case neil v. biggers. Court stated in biggers that although suggestiveness is a key factor, reliability is more important.
