What happens, briefly, beyond conviction? What will be an ...

[mia]

What happens, briefly, beyond conviction?
 
  What will be an ideal response?

Question 2

Was Wilson's identification by Philippou and Richardson less than an hour after the incident while he was handcuffed in the back of the police car so unduly suggestive as to violate his due process rights?
 
  Shortly after 11:00 a.m. on a June day, a work crew on New York Avenue in Atlantic City heard shots ring out. Most dove for cover, but Philippou and Richardson, frozen in their tracks, saw a man running down an alley onto New York Avenue, chased by another man. A cab appeared and the first man jumped in. Three more shots were fired. Philippou watched in shocked attention. He saw the second man holding his still smoking black 9mm gun, and then tuck it into his waistband. A dark blue Honda Accord with tinted windows and New York license plates drove out of the alley, picked up the gunman and drove off. The Atlantic City police soon arrived. Philippou and Richardson separately described the gunman as an African-American man about 6' tall with short hair and wearing black clothing. Philippou described the driver as an African-American man with dread locks and gave a partial license plate number for the Honda. The descriptions of the men and the car were immediately sent out over the police radio. An officer on bicycle duty nearby at Kentucky Avenue heard the transmission and saw an automobile matching the description in a hotel parking lot, only a block from the scene of the shooting. A parking validation ticket inside the windshield indicated that the car was parked there just a few minutes earlier at 11:39 a.m. The car hood was still warm to the touch. After viewing surveillance camera tapes from the hotel lobby where the men paid for the parking tickets, officers fanned out to search the area. Two men fitting a description of the shooter and the driver were seen on a people mover, which transported people on the Boardwalk between casinos. Police took the men into custody. In the interim, Philippou and Richardson were taken by police to the hotel parking lot where they identified the Honda. A police car pulled up with Wilson and Hall in the back seat; the laborers positively identified Wilson as the gunman and Hall as the driver. A set of car keys found in Wilson's pocket was used to open the Honda, which contained a 9mm handgun, which was matched to spent shell casings found in the alley at the crime scene. The same day Jean Docteur, an Atlantic City taxicab driver, came to the station and told Atlantic City police that the back passenger side of his taxicab had been hit by bullets. He said he picked up three men sometime about 11:00 a.m. and drove them to New York Avenue. One of the men got out and walked down an alley while the others remained in the cab. After Docteur heard gunshots, the men in the cab told him to drive away. He claimed that no one got into his cab after the gunshots.
 
  What will be an ideal response?

[nicoleclaire22]

Answer to Question 1

I appreciate you answering this question. This is a great community

Answer to Question 2

No
The showup was suggestive. The appellate court held, however, that under all the circumstances, the show-up identification of Wilson by the workers was not unduly suggestive, even though the suspects were clearly in custody. The witnesses were reliable citizen-eyewitnesses, and the identification occurred almost immediately after the shooting. It was necessary for the police to take swift action to make an identification when shots were fired in a congested area and the public risk was great. Here the witnesses gave detailed descriptions of the men involved and the vehicle which was corroborated by the motel security videotape. The two witnesses were requested to observe and see whether they could make an identification. They were not told much of anything beyond that. The essence of the request was to have the two witnesses see if they could, if they were in a position, to identify the suspects who were apprehended. The reliability of the identification was therefore strong. The findings of the trial judge as to reliability of the witnesses are entitled to considerable weight.

[mia]

Thanks

[nicoleclaire22]

Welcome