Section 10.8 Generally
Library | Criminal Practice 2012 Supp |
a. (§10.8) Generally
In accordance with United States v. Wade, 388 U.S. 218 (1967), and Moore v. Illinois, 434 U.S. 220 (1977), a general per se exclusionary rule applies to testimony of pretrial identification at or after the initiation of adversary judicial proceedings. See §10.5, supra. While the Wade Court did not define the role of counsel at the lineup, in United States v. Allen, 408 F.2d 1287, 1289 (D.C. Cir. 1969), the District of Columbia Circuit stated:
It would seem that appellant’s counsel might best be able to serve his client’s interest and the interest of justice if he is given in advance of the lineup the names of the witnesses who would attend; the time, place and nature of the crimes involved; and the descriptions of the suspect, if any, which the witnesses had given to the police. Counsel also might be allowed to have a role in setting up the lineup and proposing changes to avoid suggestive...
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- 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
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