NCJ Number
5377
Journal
JOURNAL OF CRIMINAL LAW, CRIMINOLOGY AND POLICE SCIENCE Volume: 62 Issue: 3 Dated: (SEPTEMBER 1971) Pages: 363-375
Date Published
1971
Length
13 pages
Annotation
PROBLEMS CREATED IN LOWER COURT APPLICATIONS OF SUPREME COURT RULINGS ON SUSPECT IDENTIFICATION PROCEDURES FOR POLICE LINEUPS, AND SUGGESTED REMEDIES.
Abstract
THE SUPREME COURT IN UNITED STATES V. WADE PRONOUNCED PRETRIAL IDENTIFICATION PROCEEDINGS CRITICAL IN DETERMINING THE OUTCOME OF A DEFENDANT'S CRIMINAL PROSECUTION, CONCLUDING THAT THE RIGHT TO COUNSEL MUST ATTACH TO THESE PROCEEDINGS SO LONG AS THEY REMAINED CRITICAL. WADE AND ITS COMPANION CASES DID NOT CREATE A BODY OF WELL-ARTICULATED RIGHTS FOR DEFENDANTS AT IDENTIFICATION CONFRONTATIONS. INDEED, THE APPLICATION OF WADE HAS BEEN INCONSISTENT AND ITS POLICIES AVOIDED. ITS EFFECTIVENESS, WHERE APPLIED BY THE LOWER COURTS, IS SUBJECT TO CONTINUING DOUBT. ASSURANCE OF FAIR AND RELIABLE IDENTIFICATIONS HAS NOT BEEN SERIOUSLY UNDERTAKEN BY LAW ENFORCEMENT AGENCIES, YET THIS GOAL IS ONE WHICH LIES PRIMARILY, AND PERHAPS EXCLUSIVELY, WITHIN THEIR POWER. THE AUTHOR SUGGESTS THAT A POSSIBLE SOLUTION TO MANY OF THE PROBLEMS INHERENT IN IDENTIFICATION IS THE REPLACEMENT OF WITNESS-SUSPECT CONFRONTATIONS WITH VIDEOTAPE REPRODUCTION.