Explain the Due Process standards that apply to showups, lineups and photographic lineups

Question

What will be an ideal response?

Answer 1

Due Process requires that procedures related to the criminal justice system be done in a manner that satisfies fundamental fairness. When applied to lineups and photographic lineups, the Supreme Court viewed Due Process as requiring that the procedures not be unduly suggestive. There should be no indication, based on the way that the procedures are conducted, of whom the police believe committed the crime. The individuals (or photographs) should appear similar. No one should stand out. All should meet the general description given by the witness who saw the crime committed. Factors such as race, age, height, weight, color of hair/eyes/skin should be similar.
In the case of showups, the rules are different because the police frequently show only one individual. In these circumstances, the Supreme Court focused on the person who saw the crime occur. Factors that the Court considered include the following:
- Opportunity of the witness to view the crime (including lighting and the length of time the witness was with the suspect)
- Degree of attention the witness paid to the suspect while the crime was in progress
- Level of certainty of the witness
- Accuracy of the witness's prior description of the suspect
- Prior inaccurate identifications made by the witness
- Length of time between showup and crime
The jury should be instructed to consider all six of these factors when deciding whether to believe the witness.