NCJ Number
82932
Journal
Arizona Law Review Volume: 24 Issue: 1 Dated: (1982) Pages: 29-59
Date Published
1982
Length
31 pages
Annotation
This article analyzes the admissibility of prior identifications as evidence, with particular emphasis on the hearsay and confrontation issues which arise from the use of various methods of identification used during investigation and trial.
Abstract
Prior identifications of offenders have been admissible in criminal cases for many years. With increasing legislative acceptance of prior identifications as a hearsay exception, the principal focus of the courts turned to the reliability of the pretrial identification procedures themselves. In recent years, new police techniques in the identification area have broadened the types of prior identifications that may be offered at trial. Acceptable pretrial procedures now include lineups, photographic arrays, other sensory identifications, artist sketches, and composite identification systems. The number of reported cases discussing hearsay aspects of sketches and composites is small, and the case law diverges widely in its treatment of such evidence. In addition, case law on the admissibility of corroborating testimony is inconsistent. The Supreme Court has never decided a confrontation clause issue in a prior identification setting. It is suggested that the varying types and sources of prior identification evidence should be analyzed in terms of the purposes of the hearsay rule, the parameters of the prior identification exception to that rule, and the requirements of the confrontation clause. The article includes 183 footnotes.