Criminal Procedure II

Part 1:

What affect does memory and recall have on a person’s ability to identify a suspect?

What can law enforcement do to make the identification process more accurate?

How can lineups be improved?

Will these processes and improvements help prevent an innocent person from being wrongfully convicted? Why?  

What additional steps would you require to ensure a fair process?  Why? 

Part 2:

1. Case Summary

Using your text and the internet, in narrative format with a minimum of 500 words, outline the case of United States v. Wade 388 U.S. 218, (1967). Give the facts, issue, and court holding of the case.

2. Case Analysis

The court indicates that “showups” and other identifications are suggestive police practices. What factors may be taken into account in determining the suggestiveness and will offset the bias?

3. Case Analysis

Using your text, what are the three types of suspect identifications, and what right to counsel does a participant have at each?

4. Executive Decisions

As lead detective of your department conducting a lineup, what criteria would you mandate be in place in order to meet a legally defensible lineup?

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