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Types of eyewitness identification
Lineups, Showups, and Photo Identification
Scientific identification serve to:
Identification, Exoneration, Indictment, Confidence in indictment and conviction
3 sets of factors that explain misidentifications
Crime Factors: the ability to perceive what occurred may be limited when the crime is committed quickly
Victim Factors: victims may be too nervous to focus on the perpetrator and can only offer a general description
Offender Factors: perpetrators may hide their features, there could be multiple offenders, or the crime could occur at night, making it hard to see them.
Identification also has threats to accuracy, such as
Selection, Suggestiveness, Closure
Goals of the identification process include
Police Influence, Pressure, Accuracy
Identification process can be
Double-blind: when neither the administrator of the identification process nor the eyewitness is aware of which individual in the lineup is the suspect.
Sequential presentation: participants in the lineup are presented to the witness one at a time, and the witness is asked to rank their degree of confidence in the decision.
Simultaneous lineup: all lineup members are shown to the witness at the same time
Composition of a lineup or photographic display should consider:
Balance, Distinctive Features, Number, Preservation, Photographs
The Wade-Gilbert Rule provides
Right to a lawyer, No post indictment results without lawyer, No in-court identification of defendant, Established by United States v. Wade
Critical stages of a criminal proceeding
the procedures following the initiation of criminal proceedings at which failure to provide the defendant a lawyer may prevent them from obtaining a fair trial
A lawyer present at the lineup provides the defendant two levels of protection
Protection at the identification: ensures the process is fair and reliable
Protection at the trial: the lawyer can point out to the jury that the lineup was unfair.
Kirby v. Illinois
The Supreme Court held that a showup following arrest but before the initiation of adversary criminal proceedings is not a critical stage.
Two reasons given: Efficiency and Prosecution
United States v. Wade
The Supreme Court held that an individual had no right to a lawyer to observe the taking of fingerprints, hair and blood samples, and other tests that relied on standard scientific techniques and procedures. The Court reasoned that the defense attorney and defense experts could examine the test results and procedures after the test and cross-examine the police laboratory technicians at trial.
United States v. Ash
The Supreme Court held that a postindictment photographic display is not a critical stage. The accused is not present and therefore has no need for a lawyer’s assistance.
Stovall v. Denno
The Supreme Court held that suspects in the preindictment phase are protected by the Due Process Clauses of the Fifth and Fourteenth Amendments
Due process test applies throughout the entire criminal justice process such as
Lineups, showups, and photographic displays both pre- and post-indictment
Mason v. Brathwaite
The Supreme court adopted a “totality of circumstances” test to the admission of identifications under the due process test.
Four steps involved in determining whether to admit identification evidence under this test:
Establish procedure was suggestive, Demonstrate procedure is reliable, How reliability is determined by judge, Judge rules admissibility
Perry v. New Hampshire
The law enforcement officials did not arrange for the suggestive circumstances surrounding the identification. Jury ultimately determines reliability, guilt/innocence. Judge may allow expert witnesses over expert testimony
Frye test
Asks if a scientific technique or approach is established enough to gain general acceptance in the particular field in which it belongs. Articulated in Frye v. United States.
Daubert test
Asks a judge to study the research and views of experts and reach their own conclusion to if the scientific technique is reliable. Established in Daubert v. Merrell Dow Pharmaceuticals.
DNA analysis can be used to
Detection, Investigation, Guilt or innocence
Flaws of DNA analysis include
Contamination, Laboratory procedures, Significance, Relevancy
DNA Analysis Backlog Elimination Act
Provides that persons convicted of certain federal crimes who are incarcerated or on parole, probation, or supervision must provide a bodily sample that can be used for DNA analysis. As seen in United States v. Kincade.
Maryland v. King
Many states authorized DNA samples from felons
The Supreme Court held that taking of DNA was
A routine administrative procedure following an arrest that constituted a reasonable search under the Fourth Amendment
Is polygraph considered admissible into evidence?
No because it is not scientific acceptability and reliability. The Supreme Court affirmed the constitutionality of the prohibition on polygraph evidence in United States v. Scheffer.
Exclusionary rule
Evidence that is obtained as a result of a violation of the Fourth Amendment prohibition on unreasonable searches and seizures is inadmissible in criminal prosecution
Weeks v. United States
The Supreme Court held that evidence seized in the course of an unreasonable search that violates the Fourth Amendment is to be excluded from evidence in federal courts
Wolf v. Colorado
The Supreme Court later held that requirements of the Fourth Amendment were incorporated into the Fourteenth Amendment and applicable to states.
In the same case, the Supreme Court also ruled that the exclusionary rule is not an explicit requirement for the states.
Silver platter doctrine
Practice in which federal officials get around the exclusionary rule by relying on evidence seized by state officials. This was ruled unconstitutional in Elkins v. United States.
Mapp v. Ohio
The Court later extended the exclusionary rule to the states in this court case, as it ensured judicial integrity
The Justification for the Exclusionary Rule
Constitutional rights, Deterrence, Judicial integrity, Social cost
Arguments against the Exclusionary Rule
Constitution, Deterrence, Judicial integrity, Truth seeking, Penalizing victims, Lack of flexibility, Limited application
Alternative Remedies to the Exclusionary Rule
Civil tort suits, Criminal prosecution of police, Police administrative procedures, Civilian review board, Judicial hearing
Invoking the Exclusionary Rule
Filing a pretrial motion to suppress can be used to challenge the reasonableness of a search.
The defense may appeal after a conviction whether the judge made the correct decision in admitting the evidence.
If the appellate court determined the decision was based on incorrect analysis of the law, the guilty verdict will be reversed, unless it is considered to be harmless error.
Standing
A defendant must have standing to challenge the introduction of evidence at trial.
The legal test for standing is whether the defendant has a subjective and objectively reasonable expectation of privacy in the area that is subject to the search.
Exceptions to the Exclusionary Rule: Collateral Proceedings
Unlawfully seized evidence use in non-trial proceedings. Evidence seized in an unreasonable search is admissible in various noncriminal proceedings
Exceptions to the Exclusionary Rule: Attenuation
An attenuated (weak) connection between the unlawful search and the seizure of evidence does not apply to the exclusionary rule; also referred to as purging the taint of the illegality. United States v. Boone is an example of attenuation.
Factors in determining attenuation include:
Temporal proximity: A lengthy period of time attenuates the taint.
Intervening circumstances: intervening events, such as voluntary acts of individuals, weaken the connection between the unlawful search and the evidence seized.
Intentional Violation: Judges resist finding attenuation where the police intentionally violate the law.
Exceptions to the Exclusionary Rule: Good Faith Exception
Based on case United States vs Leon
Reliance on a warrant.
Reliance on judge assurance of warrant standards.
Reliance on legislation
Reliance on court employee-entered data.
Reliance on apparent third-party authority to consent.
Exceptions to the Exclusionary Rule: Independent source doctrine
Evidence that is unlawfully seized is admissible where the police are able to demonstrate that the evidence was also obtained through independent and lawful means.
Seen in Murray v. United States.
Exceptions to the Exclusionary Rule: Inevitable Discovery Rule
Evidence that is seized unlawfully is admissible where the government can prove that the evidence would have been inevitably discovered in the same condition in a lawful fashion.
First articulated by the Supreme Court in Nix v. Williams.
Exceptions to the Exclusionary Rule: Impeachment
Evidence seized in an unlawful search may be used for the impeachment of a defendant who takes the stand.
The leading case on the impeachment exception is Walder v. United States.
Entrapment
The government’s inducement of an otherwise innocent individual to commit a crime. Two legal tests for entrapment were articulated by the Supreme Court in Sherman v. United States.
The Subjective test
Focuses on the defendant and asks whether the accused possessed the criminal intent to commit the crime, or whether the government created the crime.
The first step of the test is evaluating government inducement, which requires appeals to friendship, promises of material gain or sexual favors, or assistance in carrying out the crime.
The second step is whether the defendant possessed a predisposition to commit the crime.
Factors to establish predisposition:
Defendant character/reputation, Whether the government or the accused suggested the criminal activity, Defendant engagement in criminal activity for profit, Defendant reluctance, Inducement attractiveness
The Objective Test
Focuses on the conduct of the government rather than on the character of the individual
The Objective Test: Prohibited practices:
Taking advantage of weaknesses, Appeals to friendship/sympathy, Promising substantial economic gain, Pressure or threats, Providing crime equipment, False representations
The Due Process Test
Involves instances in which the government’s conduct was unfair and violates the Due Process Clause of the Fifth and Fourteenth Amendments.
Mathews v. United States
The Supreme Court held that a defendant is entitled to deny committing a crime and also rely on the “inconsistent defense” of entrapment.
Civil Remedies
Legal actions filed against officers, their supervisors, and local governments for money damages
Criminal Remedies
State and federal police officers may be criminally prosecuted and punished
Administrative remedies
Police officers may be subjected to internal administrative procedures for violating departmental regulations.
Two types of constitutional tort actions
State officers: state law enforcement officers who violate federal constitutional rights or right under federal law may be sued in a state or federal court under Title 42, Section 1983 of the U.S. Code along with a town, city, or county.
Federal officers: federal law enforcement officers who violate constitutional rights may be sued in federal courts in a Bivens legal suit.
Typically claim damages for torts such as
Assault and battery, false arrest and imprisonment, and intention infliction of emotional distress
Monroe v. Pape
The Supreme Court held that the “Ku Klux Klan Act” (section 1983) applied to police officers who abused their authority by depriving individuals of their constitutional rights
Three elements must be established for legal action under section 1983
Color of law: the defendant must have acted under the “color of state law.” under the authority of state law
Constitutional rights: the defendant’s act must have violated a plaintiff’s constitutional rights.
Immunity: a police officer possesses qualified immunity and is liable only when they violate a well-established constitutional right.
West v. Atkins
Requires the defendant exercise power that they possessed by the virtue of state law and made possible only because the wrongdoer is clothed with the authority of state law.
Rizzo v. Goode
The Supreme Court stated that the standard for supervisory liability is proof of an affirmative link between the actions/orders of supervisors and the allegations of misconduct.
Absolute immunity
Judges, prosecutors, witnesses, and jurors are protected against 1983 civil suits for acts undertaken during the judicial process.
Ensures the judicial process functions efficiently and smoothly
Qualified immunity
Other public officials are liable under 1983 for violations of clearly established rights.
The test for police is whether an officer is aware that their conduct is unlawful.
When the law is unclear, they have immunity.
The established legal principle
The police have no legal obligation to intervene to protect the general public. Based on several considerations: Legal claims, Causality, Discretion
Injunction
A court order that directs an individual or government to stop an unlawful activity.
Contempt
Violation of an injunction is punishable by contempt, resulting in a fine or imprisonment
Pattern-or-practice decree
A mechanism to address widespread practice of unlawful behavior rather than an isolated incident
Torts
Acts of harm to another individual, such as assault and battery, wrongful death, and false arrest and imprisonment.
Tort Actions
Are difficult to win because the police possess the defense of official immunity unless there is demonstration that they committed the tort in a willful or malicious fashion.
Bivens v. Six Unknown Named Agents
The Supreme Court held that federal law enforcement officers are responsible for constitutional torts that violate individuals’ Fourth Amendment rights.
The requirements for a Bivens suit are the same as the requirements for a section 1983 suit.
Bivens actions are brought against individuals, not the federal government itself.
Federal Tort Claims Act
A partial waiver of federal government’s sovereign immunity where the government is liable if a law enforcement officer commits assault and battery, false imprisonment, false arrest, abuse of process, or malicious prosecution
Considerations for civil vs. criminal cases
Remedy, Conviction, Jury, Costs
Title 18, Section 242 of the U.S. Code
Acts under color of any law, statute, ordinance, regulation, or custom that willfully subject an individual to deprivation of a right protected by the constitution or by a federal statute.
Title 18, Section 241 of the U.S. Code
Participation in a conspiracy to act under color of state law to deprive an individual of a constitutional right or right guaranteed under a federal statute.
Title 18, Section 245 of the U.S. Code
Interference, intimidation, or injury to an individual because of involvement in a federally protected activity, including a federal program or employment, service as a juror, or receipt of a federal benefit
Color-of-law investigation areas
Excessive force, Sexual assault, False arrest and fabrication of evidence, Deprivation of property, Failure to protect an individual from harm
Two major approaches to enforcing police department regulations:
Internal affairs: a unit of the police department that investigates misconduct.
Civilian review: agencies composed of private citizens with authority to investigate and, in some case, discipline the police.
Misconduct under regulations of most police departments include
Crime, Excessive force, False arrest, Illegal search, Harassment, Conduct unbecoming an officer, such as drinking on duty or neglect of duty, Minor uniform and disciplinary violations
Conclusions for investigations:
Unfounded: evidence does not support allegations
Exonerated: the incident occurred, but the officer’s conduct was consistent with policy
Not sustained: evidence is not sufficient to clearly prove or disprove the allegation
Sustained: the complaint is valid
Testilying
when police give false testimony at trial