This topic contains a solution. Click here to go to the answer

Author Question: Explain how due process applies in the identification context. What will be an ideal ... (Read 60 times)

Collmarie

  • Hero Member
  • *****
  • Posts: 569
Explain how due process applies in the identification context.
 
  What will be an ideal response?

Question 2

What is an in-court showup?
 
  What will be an ideal response?



Related Topics

Need homework help now?

Ask unlimited questions for free

Ask a Question
Marked as best answer by a Subject Expert

sarahccccc

  • Sr. Member
  • ****
  • Posts: 318
Answer to Question 1

The Supreme Court has also clearly stated that the Fourteenth Amendment's due process clause also applies to identification procedures. In Stovall v. Denno, 388 U.S. 293 (1967), the Court held that the accused is entitled to protection against procedures so unnecessarily suggestive and conducive to irreparable mistaken identification as to amount to a due process violation. In general, for an identification procedure to satisfy the due process clause, it must be (1) reliable and (2) minimally suggestive.

Answer to Question 2

Occasionally, a witness will identify the accused for the first time in court, which is referred to as an in-court showup. The key feature of an in-court showup is that the witness has not identified the suspect, either in a lineup or related procedure, prior to trial. Such identifications are highly suggestive because the suspect has already been identified by virtue of having been named as a defendant in the case.





 

Did you know?

According to the National Institute of Environmental Health Sciences, lung disease is the third leading killer in the United States, responsible for one in seven deaths. It is the leading cause of death among infants under the age of one year.

Did you know?

There are 20 feet of blood vessels in each square inch of human skin.

Did you know?

Today, nearly 8 out of 10 pregnant women living with HIV (about 1.1 million), receive antiretrovirals.

Did you know?

Sperm cells are so tiny that 400 to 500 million (400,000,000–500,000,000) of them fit onto 1 tsp.

Did you know?

The word drug comes from the Dutch word droog (meaning "dry"). For centuries, most drugs came from dried plants, hence the name.

For a complete list of videos, visit our video library