🫥
Criminal Procedure • 14th Amendment
CRIMPRO#039
Legal Definition
If a pre-trial identification method is so unnecessarily suggestive that it is substantially likely to produce misidentification, then it violates the defendant's due process rights. As a result, the identification is excluded from court, unless the government can find another, independent witness to confirm the identification in court.
Plain English Explanation
One of the easiest way to convict someone of a crime is to have witnesses that are willing to say, "Yeah, that's the person I saw commit the crime!" The problem is that human beings are not perfect, and sometimes their memories can be unreliable due to things like fear, adrenaline, or even an underlying bias. Thus, when a pre-trial identification method is arguably too likely to result in a false identification, you can argue that the identification should be barred from court for denying the defendant their due process rights. Note that this just means that specific instance of identification was tainted. If the government can find someone else to identify the suspect, who is independent of the method that was too suggestive, then its possible for the government to overcome this exclusion.
Hypothetical
Hypo 1: Sam is black. One day, while walking down the street, he is arrested as a suspect in an armed robbery. The witnesses didn't get a clear view of the suspect, but identified them as being black and wearing a hat similar to Sam's. Sam is brought into a lineup with 7 other men about the same age and size as Sam. However, all of the other men are white. Result: Even though Sam did not commit the crime, it is unnecessarily suggestive and substantially likely that he will be misidentified simply because the witnesses are looking for a black suspect, and Sam is the only person in the room who is black. Sam has been denied due process, and—if he is identified by the witness—his identification should be excluded from court.
Related Concepts
How can a defendant prove ineffective assistance of counsel?
How may a defendant withdraw a guilty plea?
What are the procedural limitations on death penalty statutes?
What is the 6th Amendment Right to a Speedy Trial, and how is a violation of this right determined?
What is the effect of the 14th Amendment right to due process on self-incriminating statements?
What is the proper procedure for submitting a guilty plea?
What is the prosecutorial duty to disclose exculpatory information?
What is the right to a jury trial?
What is the right to an unbiased judge?
What is the right to confront witnesses?
What must you generally know about grand jury proceedings?
When are bail issues appealable?
When is a co-defendant's confession admissible when it implicates another defendant?
When is a defendant not competent to stand trial?
When may a defendant be denied the right to counsel?
When may a defendant represent themself?
