Pretrial Identification Procedures (From Legal Guide for Police: Constitutional Issues, Sixth Edition, P 207-222, 2002, John C. Klotter -- See NCJ-192737)

• NCJ Number: 192739
• Author(s): John C. Klotter
• Date Published: 2002
• Length: 16 pages
• Sale Source: Anderson Publishing Co
• Publication Format: Book (Softbound)
• Publication Type: Report (Study/Research)
• Language: English
• Country: United States of America

Annotation

In this chapter, the procedures in the identification of a suspect through fingerprinting, photographing, lineups, dental examinations, and evidence from the body of the accused are challenged under one or more of four constitutional provisions. The reliability of these identification procedures is reviewed.

Abstract

A primary component of the investigative process is the identification of the suspect. However, various methods or procedures in the identification process, such as fingerprinting, photography, lineups, and dental examinations have been challenged on the constitutional grounds of self-incrimination, right to counsel and due process, and violations of the Fourth and Fifth Amendments. This chapter reviews the basis for these challenges. In addition, voice exemplars, a technique for voice identification, are seen as in compliance with constitutional provisions, but not sufficiently reliable. DNA profiling for identification purposes is recognized as adequately reliable and admissible in court, as long as all constitutional standards in sample retrieval and in laboratory standards are followed.