The rights to counsel and to due process apply in lineups, showups, and photographic identification
The rights to counsel and to due process apply in lineups, showups, and photographic identification, but the rights to protection against unreasonable searches and seizures and self-incrimination do not. Discuss the reasoning as to why the Court applies the first two but not the last two. Does the Court’s reasoning make sense? Discuss why it makes sense.
In Neil v. Biggers (1972) the Court determined that identification procedures must be fair. To determine whether the procedures were fair, courts must consider all the circumstances leading to the identification. Discuss what circumstances should be considered in determining fairness. Why are these circumstances important in determining the fairness of an identification procedure?
Sample Answer
The rights to counsel and due process apply in lineups, showups, and photographic identifications, while the protections against unreasonable searches and seizures and self-incrimination do not. Here’s the reasoning behind this distinction:
Right to Counsel and Due Process:
- Focus on Reliability: The Sixth Amendment right to counsel ensures the accused has legal representation during critical stages of a criminal prosecution. Identification procedures can significantly impact the outcome of a trial. An unfair lineup or showup can lead to misidentification, a fundamental violation of due process. Having an attorney present helps ensure the fairness of the procedure and protects against suggestive tactics.