NCJ Number
89044
Date Published
1982
Length
307 pages
Annotation
This reference work provides procedural guidance on all issues surrounding eyewitness testimony; coverage on the holdings, reasonings, and ramifications of major Supreme Court decisions; and an overview of the law of eyewitness identification.
Abstract
It explains types of identification procedures and examines the case of United States v. Wade and its progeny, reviewing waiver of counsel, preindictment lineups, role of counsel at the lineup, and right to counsel at photo identification procedures. Several chapters focus on the due process test for eyewitness identification, exclusionary sanctions in identification cases, and photo and voice identification. Factors of independent sources of reliability are discussed, including opportunity to observe, prior knowledge of identity, and witness's level of certainty. Attention is devoted to tainted identification, compulsory appearance for identification (self-incrimination, suspect in custody, equal protection issues, etc.), and procedural issues. These issues include pretrial suppression motion, burden of proof, jury issues, use of photographic evidence at trial, and civil liability for mistaken identification. The final section considers standards of fairness. Extensive case notes, a table of cases, and a general index are supplied.