8. Pre-Trial Flashcards Preview

U.S. Multistate Bar Exam - Criminal Procedure > 8. Pre-Trial > Flashcards

Flashcards in 8. Pre-Trial Deck (6)
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1
Q

What is the difference between a line-up, a show-up and a photo array?

A

Line Up

Witness asked to ID suspect from group

Show Up

One on one meeting between witness and suspect

Photo array

Witness is shown series of photos to ID suspect (who is not present)

2
Q

Is there a Fifth Amendment right to counsel at pretrial IDs?

A

No

3
Q

At what two pretrial IDs is there a Sixth Amendment right to counsel and only when?

A

Line-ups and show-ups, after formal charging

4
Q

When does a pretrial ID violate due process?

A

When it is so unnecessaraily suggestive that it creates a likelihood of misidentification

5
Q

When will an in court ID still be allowed, even in the face of an unconstitutional pretrial ID?

A

Prosecution shows there is an indepedent source for the ID

6
Q

In what two instances is there no requirement for a pre-trial hearing?

A
  1. Grand jury issued the indictment
  2. Magistrate issued an arrest warrant