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Flashcards in Lineup Law Deck (7)
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1

Lineup Rule

  • D has sixth amendment right to lawyer present at lineup or show-up if it is conducted after judicial proceedings have begun.

2

When right to have lawyer present during lineup arises

  1. not triggered by Ds arrest, arrest not far enough along
  2. Likely triggered after indictment

3

Photographic Lineup

  • no right to lawyer at showing of photographs

4

Lineup Waiver

Can be waived by D

5

Suggestiveness of Lineups

  1. D has due process right to have procedure not be extremely suggestive.
  2. applies even where right to counsel does not.

6

Suggestiveness Standard

  • was procedure so suggestive that it created high likelihood that witness will erroneously identify D as perpetrator?

7

Effect of Prosecution's violation of D's right to counsel/right to a non-suggestive lineup

  1. If witness IDs D at procedure conducted in violation of either of the 2 lineup rules:
    1. prosecution cannot present any testimony about the bad lineup
    2. BUT, victim can still make an in-court ID if prosecution establishes that V is making ID from memory of the crime and not based on lineup
      1. called "independent source"