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.
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