CRIMINAL LAW - HAZARDS OF PHOTOIDENTIFICATION

• NCJ Number: 31530
• Journal: Oklahoma Law Review Volume: 28 Issue: 4 Dated: (FALL 1975) Pages: 858-864
• Author(s): N LEADER
• Date Published: 1975
• Length: 7 pages
• Corporate Author: University of Oklahoma Press
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

DISCUSSION OF THE SUPREME COURT'S APPROACH TO MISTAKEN IDENTIFICATION CAUSED BY SUGGESTION FROM THE POLICE, FROM OTHER WITNESSES AT THE PHOTOGRAPH SHOWING, OR FROM THE WAY THE PHOTOGRAPH SHOWING IS CONDUCTED.

Abstract

THE AUTHOR CONTENDS THAT THE CASE-BY-CASE APPROACH ADOPTED BY THE COURT IN SIMMONS V. UNITED STATES (1968) PROVIDES NO REAL GUIDELINES SINCE CONVICTIONS BASED ON PHOTOIDENTIFICATION WILL NOT BE SET ASIDE UNLESS THE PROCEDURE WAS 'SO IMPERMISSIBLY SUGGESTIVE AS TO GIVE RISE TO A VERY SUBSTANTIAL LIKELIHOOD OF IRREPARABLE MISIDENTIFICATION'. SIX STANDARDS OF FAIRNESS IN PHOTOIDENTIFICATION (RECOMMENDED BY NATHAN SOBEL) ARE OUTLINED AND DISCUSSED.