NCJ Number
16100
Journal
Mississippi Law Journal Volume: 45 Issue: 2 Dated: (APRIL 1974) Pages: 489-511
Date Published
1974
Length
23 pages
Annotation
THIS COMMENT EXPLORES THE POSSIBILITIES OF PREJUDICE INHERENT IN THE CONDUCT OF CORPOREAL LINEUPS, SHOWUPS, AND PHOTOGRAPHIC LINEUPS AND OFFERS SUGGESTIONS AS TO HOW THE PREJUDICE COULD BE LESSENED.
Abstract
THE RIGHT TO COUNSEL IN CORPOREAL LINEUPS AND SHOWUPS IS DISCUSSED AND VARIOUS SUPREME COURT DECISIONS IN THIS AREA ARE CITED. THE CONSENSUS HAS BEEN THAT THE RIGHT TO COUNSEL APPLIES TO ALL POST-INDICTMENT CONFRONTATIONS, BUT NOT TO PHOTOGRAPHY LINEUPS. THE ROLE OF COUNSEL AT PRETRIAL IDENTIFICATION CONFRONTATIONS AND THE RELATIONSHIP BETWEEN PARTICIPATION IN PRETRIAL IDENTIFICATION PROCEDURES AND THE PRIVILEGE AGAINST SELF-INCRIMINATION ARE ALSO CONSIDERED. SPECIFIC ELEMENTS AFFECTING THE FAIRNESS OF THE CONFRONTATION, SUCH AS THE WEARING OF SPECIFIC CLOTHING, COMPELLED RECITATION, POLICE REMARKS TO WITNESSES, THE RACE OF LINEUP PARTICIPANTS, AND THE SINGLE-MAN LINEUP, ARE DISCUSSED. THE AUTHOR POINTS OUT THAT THE INDEPENDENT SOURCE DOCTRINE AS APPLIED TO IDENTIFICATION CONFRONTATIONS STATES THAT IF IT CAN BE SHOWN THAT THE WITNESS' IDENTIFICATION OF THE SUSPECT IS BASED ON A SOURCE INDEPENDENT OF THE CONFRONTATION, THEN ANY IN-COURT IDENTIFICATIN IS ADMISSIBLE, REGARDLESS OF HOW PREJUDICIAL THE CIRCUMSTANCES SURROUNDING THE CONFRONTATION WERE. PROCEDURES ARE SUGGESTED TO STANDARDIZE IDENTIFICATION CONFRONTATIONS AND DECREASE PREJUDICE. THEY INCLUDE WRITING DOWN THE INITIAL DESCRIPTION GIVEN BY THE WITNESS TO THE POLICE TO COMPARE TO THE ACTUAL DESCRIPTION OF THE SUBJECT, ALWAYS PROVIDING SUSPECTS WITH ATTORNEYS AT IDENTIFICATION CONFRONTATIONS, USING CORPOREAL LINEUPS OF SIX PERSONS WHENEVER POSSIBLE, AND PHOTOGRAPHING THE LINEUP SO THAT IT CAN BE MADE AVAILABLE TO THE COURT FOR FUTURE REFERENCE.