Are police lineups legal?
For evidence from a lineup to be admissible in court, the lineup itself must be conducted fairly. The police may not say or do anything that persuades the witness to identify the suspect that they prefer. This includes loading the lineup with people who look very dissimilar to the suspect.
Can you refuse lineups?
As a condition of granting bail or OR release, a judge may require a suspect to participate in a lineup. Unless they have a court order, the police cannot compel suspects who have not been arrested to participate in a lineup.
What is line up in law?
A lineup is a relatively formalized procedure wherein a suspect, who is generally already in custody, is placed among a group of other persons whose general appearance resembles the suspect. The witness is then asked whether he can identify the perpetrator of the crime.
Do police still use line-ups?
But this is only one type of lineup, and can only be done when the suspect is known and available. In the US it’s also common to use a photo lineup instead of – or in addition to – a live one, giving the witness photos of people who match the description of the suspect.
Is a lineup a critical stage?
Wade, 417 which, with Gilbert v. California, 418 held that lineups are a critical stage and that in-court identification of defendants based on out-of-court lineups or show-ups without the presence of defendant’s counsel is inadmissible.
Is a person in a police line up entitled to the right to counsel?
– robbery with homicide – A police line-up is not part of the custodial inquest so at this stage, they have no right to counsel yet. They are not being held to answer for criminal offense for which they are being charged or convicted.
How are police lineups chosen?
One way to perform a police lineup is to have the eyewitness identify a suspect during a live lineup. This process usually involves having the suspect and four or five other people line up against a wall. With a simultaneous lineup, all of the individuals are lined up, either live or in photos, at the same time.
Does a suspect need counsel during identification by police line up?
If a suspect is in a physical lineup, he or she has the right to an attorney. If a suspect had a lawyer and he or she was not present during a physical lineup, the lawyer can attempt to have the identification at the lineup suppressed from evidence.
Why do the police do lineups?
Police lineups in California are used for a witness to identify a crime suspect among other similar looking people. If the eyewitness picks the suspect out of the lineup as matching the eyewitness’s recollection, then the suspect faces strong evidence for a conviction at the upcoming criminal jury trial.
Are lineups legal?
Wade, 417 which, with Gilbert v. California, 418 held that lineups are a critical stage and that in-court identification of defendants based on out-of-court lineups or show-ups without the presence of defendant’s counsel is inadmissible. …
Why do police do lineups?
Police lineups in California are used for a witness to identify a crime suspect among other similar looking people. In theory, a police lineup places the crime suspect among similar-looking individuals for the crime’s eyewitness to identify, without knowing from the lineup itself who the suspect is.
What does it mean to be in a police lineup?
A police lineup is where an eyewitness identifies a suspect out of a group of five or six other people who fit the suspect’s description. The eyewitness will be instructed to stand behind a one-way mirror and point out the person that they believe committed the crime.
How are eyewitnesses separated in police lineups?
All eyewitnesses shall be separated when viewing an identification procedure. Nothing shall be said to the eyewitness that might influence the eyewitness’ identification of the suspect. A lineup should have fillers who generally fit the eyewitness’ description of the suspect.
When do you need an attorney for a police lineup?
When someone is arrested and charged with a crime, they have a right to have an attorney present during “critical stages” of the prosecution. This includes police lineups for the purpose of eyewitness identification. An attorney ensures that the suspect’s rights are not violated during the lineup procedure.
How are police lineups part of the judicial process?
Police lineups are part of an overall judicial process known as eyewitness identification. Eyewitness identification also includes identifications through the use of: “Showups,” which are similar to a lineup except that only the suspect is present and they are typically conducted at or near the scene of the crime.