What are the three identification procedures?

The three basic types of identification procedures are: Lineup, show-up, and photographic array. When is an accused entitled to counsel at an identification procedure? An accused in entitled to counsel at a post-indictment lineup that is conducted for identification purposes – a critical stage of a criminal proceeding.

What are show-up identifications?

A show-up is an identification procedure that only presents the witness with one suspect in contrast to a lineup where the suspect is presented among a number of fillers (i.e., known innocent people). This feature makes the show-up procedure very suggestive.

What is the Wade Gilbert rule?

United States v. Wade, together with Gilbert v. California, created the Wade-Gilbert Rule. Under this rule, the Supreme court held post-indictment lineups are a critical stage of the criminal prosecution and the defendant is entitled to have their counsel present at critical stages under the Sixth Amendment.

Which of the following is the most common witness identification procedure?

A written report was the most common method of documenting a show-up, photo lineup, live lineup, or mugshot search. Agencies also use video and audio recording to document photo and live lineups.

What is the difference between a lineup and a show up?

A showup, like a lineup, is a form of eyewitness identification. At a showup, a witness or victim is normally confronted with only one person rather than a group of people. And whereas lineups almost always take place in police stations, showups may occur in a station or in the field, even at the crime scene.

What is a lineup law?

A lineup is a relatively formalized procedure wherein a suspect, who is generally already in custody, is placed among a group of other persons whose general appearance resembles the suspect. The witness is then asked whether he can identify the perpetrator of the crime.

Should you have a right to counsel during a lineup?

A person has a Sixth Amendment right to counsel at a lineup or showup undertaken “at or after initiation of adversary criminal proceedings–whether by way of formal charge, preliminary hearing, indictment, information, or arraignment.” Moore v.

Are show up procedures inherently suggestive?

Because showups can be considered inherently suggestive, once an identification is obtained at a showup and probable cause for arrest has been achieved, less suggestive procedures can be used with other witnesses to obtain their identifications.

What type of false identification can come from a lineup and why is it important for a lawyer to be present at the lineup?

If a suspect had a lawyer and he or she was not present during a physical lineup, the lawyer can attempt to have the identification at the lineup suppressed from evidence. One reason why it is important for a lawyer to be present during a physical lineup is to prevent bias or improper procedures.

How does an identity parade work?

An identification parade is when the eye-witness sees the suspect in a line of others who resemble the suspect. A group identification is when the eye-witness sees the suspect in an informal group of people.

What is the difference in a physical live lineup and a show up?

A lineup is different from a show up in that a lineup requires the witness to identify the suspect from a group of people while a show up is a one on one identification. A photographic identification or commonly known as a photo array is the least reliable forms of identification .

What are two lineup strategies that the legal system can make so that mistaken eyewitness identification is less likely?

Ensure that police put in writing why a suspect is believed to be guilty of a specific crime before placing him or her in a lineup. Use a lineup with several people instead of what is known as a showup only featuring a single suspect. Avoid repetition of a lineup with the same suspect and same eyewitness.