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. In Neil v. Biggers (1972), the Court determined that identification procedures must be fair. All three forms of identification have raised serious concerns among law and criminal justice professionals because of their proven unreliability. To determine whether the procedures applied are fair, courts must consider all the circumstances leading up to an identification.
Review the case of Neil v. Biggers. Then, locate a case on fairness in identification procedures.
In your main post:
- Summarize the key points of the Neil v. Biggers case.
- Explain the applicable law the court relied on in reaching its decision in your selected case.
- Describe the outcome in your selected case as it impacts fairness in identification cases.
- Explore which circumstances should be considered in determining fairness in the context of legal criminal procedure, from a criminal justice practitioner standpoint.
The competencies addressed in this discussion are supported by discussion objectives, as follows:
- Competency 1: Articulate how the rules of criminal procedure apply to a criminal justice practitioner.
- Describe the outcome in an identification case as it impacts fairness.
- Summarize the key points of Neil v. Biggers.
- Competency 2: Illustrate ethical compliance with criminal procedure from a criminal justice practitioner perspective.
- Explore circumstances to consider in determining fairness in identification cases.
- Competency 3: Apply the 4th, 5th, and 6th Amendments in a criminal justice context.
- Explain the law applied in a selected identification case.