Identifications in Lineups

Introduction:

Identification methods are subject to constitutional constraints under the Fifth Amendment. It is important that the identification, by a victim or witness, withstand constitutional scrutiny. That requires conducting the lineup in alignment with court interpretation of Fifth Amendment requirements.

Let’s explore. Police arrested Seth Slim for an alleged rape. Police initially set up the lineup with Seth Slim, who was a white male and unusually tall and lean, and four other men, one white, one black, and one Hispanic, of average height and weight. Before the victim made the identification, the officer asked you, the sergeant, whether it was okay to proceed with the lineup.

Instructions:

Address the following:

Using one case from Lexis research, explain the requirements for a lineup for Fifth Amendment compliance.
Based on your research, determine whether this lineup, as currently organized, is likely to withstand challenge by the defense if the victim immediately identifies Seth Slim. If the lineup will not withstand challenge, explain the adjustments that should be made.
Using examples as your basis, discuss the public policy and philosophical underpinnings of the U.S. Supreme Court’s decisions on lineup requirements.
Special Instructions:

Create a 1 page essay in APA format according to the instructions above. Use 2 scholarly sources for references. Be sure to utilize in-text citations.

Solution Preview

In the case of the United States v. Wade, the ruling of the United States Supreme Court established that the line-up which had been carried out by the law enforcement officers did not infringe Wade’s right against self-incrimination. The facts of the case involved Billy Joe Wade who had been arrested and charged with robbing one of the banks. A line-up was carried out by the law enforcement officers in the absence of Wade’s counsel.

(710 words)