Section 10.2 Admissibility of Witness’s Identification Testimony
Library | Criminal Practice 2012 Supp |
A. (§10.2) Admissibility of Witness’s Identification Testimony
The crucial test for determining the admissibility of identification testimony is two-pronged. First, the court must determine whether pretrial identification procedures were suggestive. If so, the court must then evaluate the impact of the suggestive procedure on the reliability of the identification made. State v. Williams, 717 S.W.2d 561, 564 (Mo. App. E.D. 1986), cited with approval in State v. Greer, 758 S.W.2d 126 (Mo. App. E.D. 1988). See State v. Twitty, 793 S.W.2d 561, 563 (Mo. App. E.D. 1990); see also State v. Vinson, 800 S.W.2d 444, 446 (Mo. banc 1990); State v. Timmons, 956 S.W.2d 277, 282 (Mo. App. W.D. 1997); State v. Glover, 951 S.W.2d 359, 362 (Mo. App. W.D. 1997).
Judicially recognized circumstances indicative of improper suggestions include the following:
· All in the lineup but the suspect are known to the identifying witness.
· Other participants in the lineup are grossly dissimilar in appearance from the subject.
· Only the suspect is required to wear distinctive clothing that the culprit wore.
· The witnesses are told by the police that they have caught the culprit, after which the defendant is brought before the witnesses alone or is viewed in jail.
· The suspect is pointed out before or during the lineup.
· The participants in the lineup are asked to try on an article of clothing that fits only the suspect.
· The witness is permitted to see the suspect in custody before the lineup.
· Witnesses are permitted to make wholesale identifications of the suspect in each other’s presence.
See United States v. Wade, 388 U.S. 218, 233–34 (1967).
In Missouri, the courts have held that whether the identification procedure was prejudicially unfair must be determined by a consideration of the totality of the circumstances. It is, however, not suggestiveness but rather reliability of the evidence premised on the “totality of the circumstances” that is the linchpin to determine admissibility of identification evidence. State v. Carter, 572 S.W.2d 430, 435[8] (Mo. banc 1978); State v. Cole, 519 S.W.2d 370, 372[1] (Mo. App. E.D. 1975); State v. McKee, 639 S.W.2d 851 (Mo. App. E.D. 1982); State v. Robinson, 641 S.W.2d 423 (Mo. banc 1982); State v. Story, 646 S.W.2d 68 (Mo. banc 1983); United States v. Briley, 726 F.2d 1301 (8th Cir. 1984).
In Neil v. Biggers, 409 U.S. 188 (1972), the police used a showup procedure whereby the victim confronted the defendant alone at the police station...
To continue reading
Request your trial- Criminal Practice Deskbook
- Chapter 10 Identification
- Section 10.1 Introduction
- Section 10.2 Admissibility of Witness’s Identification Testimony
- Section 10.3 Burden of Proof
- Section 10.4 Exclusionary Rule—Fourth Amendment Considerations
- Section 10.5 Generally
- Section 10.6 Waiver
- Section 10.7 Substitute Counsel
- Section 10.8 Generally
- Section 10.9 Checklist
- Section 10.10 Notice of Lineup
- Section 10.11 Defendant’s Right to Lineup
- Section 10.12 Compelled Participation in Lineup—Fifth Amendment Considerations
- Section 10.13 Impermissible Suggestivity in Lineups
- Section 10.14 Videotaped Lineups and Sound Recordings
- Section 10.15 Right to Counsel at Photograph Displays
- Section 10.16 Impermissible Suggestivity in Photograph Identification
- Section 10.17 Factors in Evaluating Circumstances of the Display
- Section 10.18 Danger of Showing Photographs to Victim
- Section 10.19 On Day of Trial
- Section 10.20 Before Confrontation
- Section 10.21 Size of Photographs
- Section 10.22 Number of Photographs
- Section 10.23 Discovery of Photographs
- Section 10.24 Use of Photographs at Trial; Mug Shots
- Section 10.25 One-on-One Confrontations (Showups)
- Section 10.26 Attacking the Identification Procedure
- Section 10.27 Admissibility of Expert Testimony
- Section 10.28 Admissibility of Opinion Evidence
- Section 10.29 Hearsay
- Section 10.30 Independent Source Rule
- Section 10.31 Standard
- Section 10.32 Restricted Fragment Length Polymorphism (RFLP)
- Section 10.33 Polymerase Chain Reaction (PCR)
- Section 10.34 Short Tandem Repeats (STR)
- Section 10.35 Correct Scientific Community
- Section 10.36 Statistics
- Section 10.37 Discovery Issues
- Section 10.38 Laboratory Reports as Hearsay
- Section 10.39 DNA Profiling Systems
- Section 10.40 Post-Conviction DNA Testing
- Section 10.41 Fingerprints
- Section 10.42 Hair
- Section 10.43 Letters
- Section 10.44 Jury Instructions
- Section 10.45 Preservation for Appellate Review
- Section 10.46 Harmless Error
- Section 10.47 Other Resources
- Section 10.48 Form—Motion to Suppress Identification and Suggestions in Support
Subscribers can access the reported version of this case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the cited cases and legislation of a document.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a list of all the documents that have cited the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the revised versions of legislation with amendments.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see any amendments made to the case.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see a visualisation of a case and its relationships to other cases. An alternative to lists of cases, the Precedent Map makes it easier to establish which ones may be of most relevance to your research and prioritise further reading. You also get a useful overview of how the case was received.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.
Subscribers are able to see the list of results connected to your document through the topics and citations Vincent found.
You can sign up for a trial and make the most of our service including these benefits.
Why Sign-up to vLex?
-
Over 100 Countries
Search over 120 million documents from over 100 countries including primary and secondary collections of legislation, case law, regulations, practical law, news, forms and contracts, books, journals, and more.
-
Thousands of Data Sources
Updated daily, vLex brings together legal information from over 750 publishing partners, providing access to over 2,500 legal and news sources from the world’s leading publishers.
-
Find What You Need, Quickly
Advanced A.I. technology developed exclusively by vLex editorially enriches legal information to make it accessible, with instant translation into 14 languages for enhanced discoverability and comparative research.
-
Over 2 million registered users
Founded over 20 years ago, vLex provides a first-class and comprehensive service for lawyers, law firms, government departments, and law schools around the world.