8. Pretrial Identification

Question 1

The three types of pretrial identifications:

Answer 1

1. Line-ups: witness is asked to identify the perpetrator from a group
2. Show-ups: one-on-one confrontation between the witness and the suspect
3. Photo arrays: witness is shown a series of photos and is asked if she sees
   the perpetrator among them

Question 2

There are two substantive challenges to pretrial identifications:

Answer 2

1. Denial of the Right to Counsel

2. Violation of Due Process

Question 3

Right to Counsel under the Sixth Amendment

Answer 3

A right to counsel exists under the Sixth Amendment at line ups and show ups that take place after formal charging; however, there is no Sixth Amendment right to counsel at photo arrays.

Question 4

NY added protection for right to counsel

Answer 4

New York provides greater protection for suspects. In New York, you have the right to have an attorney present at a line-up conducted before the filing of formal charges if the police are aware that you are represented by counsel on another charge and you request that counsel be present.

Question 5

When will a pretrial identification procedure violate the Due Process clause of the Fourteenth Amendment?

Answer 5

A pretrial identification procedure violates the
Due Process Clause of the Fourteenth Amendment when it is so unnecessarily suggestive that it creates a substantial likelihood of misidentification.