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    Overview of Pretrial Identification Factors

    Number of Pages: 5


    Summary of the research paper:

    In five pages this paper discusses pretrial identification in an overview of the practice and the various factors to be considered in ensuring court fairness. Four sources are cited in the bibliography.

    Name of Research Paper File: D0_BBpretri.doc

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    have been thought through to determine that fairness occurs in the court Bibliography lists 4 sources. BB pre-tri.doc PRE-TRIAL IDENTIFICATION Written by B. Bryan Babcock  for the Paperstore, Inc., March 2001 Introduction Definition Pre-trial identification involves both the person and the action or supposed crime in a criminal or civil case of law.  Before any proceedings can be done the persons true and natural identity must be verified, and supporting information for the proposed court solution to the alleged crime must be in  place. These factors have been thought through to determine that fairness occurs in the court Constitutional applicability Determining what part of Constitutional Law governs pre-trial identification is not always  easy, however these are the amendments that are usually sited: The Fourth Amendment protection against unreasonable search & seizure. What is usually considered  here is "reasonable and "non-invasive." The Court has determined that certain routine medical procedures fall within this reasonable area. These could include the drawing of blood (Schmerber v.  California (1966) or pumping out the contents of someones stomach (Rochin v California (1951) to obtain evidence. The Fifth Amendment due process and double jeopardy clauses. The fifth amendment  protection against self-incrimination does not apply to pre-trial identification. The Kirby rule (from Kirby v. Illinois 1972) even says that a suspect is not entitled to a lawyer in  face-to-face confrontations with victims or witnesses unless they have been formally charged with a crime (a distinction between pre-indictment lineup and post-indictment lineup). The Fourteenth Amendment due process clause.  Both of these amendments (5 and 14) are saying that procedures must be fair. The Sixth Amendment right to counsel. According to the Wade-Gilbert rule (1967) the defendant 

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