Lineups and Other Pretrial Identification Procedures (From Briefs of 100 Leading Cases in Law Enforcement, P 119-127, 1991, Rolando V. del Carmen, Jeffery T. Walker -- See NCJ-126275)

• NCJ Number: 126287
• Author(s): R V del Carmen; J T Walker
• Date Published: 1991
• Length: 9 pages
• Sale Source: Anderson Publishing Co
• Publication Type: Legislation/Policy Analysis
• Language: English
• Country: United States of America

Annotation

Supreme Court decisions regarding lineups and pretrial identification procedures are analyzed as to their significance in law enforcement.

Abstract

It is stated in the case U.S. v. Wade, 388 U.S. 218 (1967), that a police lineup or other "face-to-face" confrontation after the accused has been formally charged with a crime is considered a "critical stage of the proceedings;" therefore, the accused has the right to have counsel present. However, there is no right to counsel at police lineups or identification procedures prior to the time the suspect is formally charged with the crime, according to Kirby v. Illinois, 406 U.S. 682 (1972). In the case, Foster v. California, 394 U.S. 440 (1969), it was found that lineups which are so suggestive as to make the resulting identifications virtually inevitable violate a suspect's constitutional right to due process. And, in the case U.S. v. Dionisio, 410 U.S. 1 (1973), the Court determined that any person may be required against his or her will to appear before a grand jury. Also stated in that case was that suspects may be required by the police to give voice exemplars.