NCJ Number
46693
Date Published
1977
Length
52 pages
Annotation
LAW RELATING TO EYE-WITNESS IDENTIFICATION EVIDENCE AS PRESENTED IN PENNSYLVANIA CASES IS SURVEYED IN A MEMORANDUM DIRECTED TO DEFENSE ATTORNEYS.
Abstract
MOST OF THE MATERIAL IS PRESENTED IN BLACK LETTER LAW STYLE, WITH CITATIONS TO SPECIFIC CASES. CONTROVERSIAL SUBJECTS ARE TREATED MORE ANALYTICALLY. THE FORMAT IS INTENDED BOTH TO AID DEFENSE COUNSEL IN PREPARING CASES AND TO PROVIDE READY ACCESS TO CASE LAW RELEVANT TO COMMON IDENTIFICATION ISSUES. THE SURVEY EMPHASIZES CONSTITUTIONAL QUESTIONS, SUFFICIENCY OF EVIDENCE, JURY INSTRUCTIONS, NONCONSTITUTIONAL EVIDENTIARY PROBLEMS, AND PROCEDURE. SPECIFIC TOPICS COVERED ARE THE FOLLOWING: THE RIGHT TO DEMAND OR REFUSE A LINEUP; CONSTITUTIONAL AND PROCEDURAL BASES FOR ATTACKING IDENTIFICATION PROCEDURES (LEGALITY OF ARREST, UNNECESSARY PREARRAIGNMENT DELAY, RIGHT TO COUNSEL, DUE PROCESS); THE EFFECT OF FINDING ILLEGALITIES BEFORE THE IDENTIFICATION PROCEDURE OR DURING THE COURSE OF THE PROCEDURE; MOTION TO SUPPRESS IDENTIFICATION TESTIMONY; REMEDIES ON APPEAL; SUFFICIENCY OF EVIDENCE IN IDENTIFICATION CASES; JURY INSTRUCTIONS; GUILTY PLEAS MOTIVATED BY A MOTION TO SUPPRESS BEING DENIED; MISCELLANEOUS EVIDENTIARY PROBLEMS RELATING TO IDENTIFICATION; AND EXPERT TESTIMONY. (LKM)