Chapter 5 Identification

• Jurisdiction: United States

Chapter 5 Identification

In every criminal charge, the prosecution must prove that the defendant in court is the defendant who committed the crime.

• Field Show-up: A police procedure where a suspect is shown to a victim or witness, usually at or near the crime scene and close in time to the incident, for purposes of identifying the perpetrator of a crime.
• Lineup: A police procedure where a suspect, along with similarly featured individuals, are shown to a victim or witness, for purposes of identifying the perpetrator of a crime.
• Photo 6-pack: A police procedure where a suspect's photo, along with other similarly featured individuals, are shown to a victim or witness for purposes of identifying the perpetrator of a crime.

Evans Motion

If the defense doubts the quality of an out-of-court identification or believes the out-of-court identification was unduly prejudicial, the defense can request a live lineup. Evans v. Superior Court (1974) 11 Cal.3d 617. To prevail on an Evans motion, the defense must show that:

• The motion is timely made;
• The eyewitness identification is a material issue in the case; and
• There is a reasonable likelihood of a mistaken identification, which a lineup could resolve.

The defendant has no constitutional right to lineup. The court balances, based on the totality of the circumstances, a need for lineup against burden imposed. The burden is on the defense to show such unfairness in the original identification to deprive the defendant of due process.

Wade-Gilbert Rule

If court grants the live lineup request, the defense counsel has right to be present at the live lineup. U.S. v. Wade (1967) 388 U.S. 218; Gilbert v. California (1967) 388 U.S. 263. Failure to have defense counsel at the live lineup violates a defendant's Sixth Amendment right to counsel, and defense can move to suppress any identification from...