ExceptionalGeek Only: Unit 4 discussion Project Part 1
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week_4_chat_pretrial_identification.pptxDiscussion Board Unit4 Proof Requirements and Sentencing Due Date: Initial post- Wed, Reply post -Sun, Points Possible: 75
The discussion assignment for this week includes a review of the Key Assignment Outline completed by one of your classmates, as well as a substantial response to at least one other student.
Primary Task Response: Your first task is to post your own Key Assignment Outline to the discussion area so that other students are able to review your plan. Attach your document to the main discussion post, and include any notes you feel are appropriate. The purpose of this assignment is to help improve the quality of the Key Assignment Draft you will complete next week.
Respond to Another Student: Review at least 1 other student's Key Assignment Outline and provide meaningful feedback. Refrain from general feedback, such as simply stating "good job." Your feedback to other students is most helpful if you not only point out weak areas but also offer suggestions for improvement. The best feedback takes a three-stage approach to identify what was done well, weaknesses, and areas for improvement.
Discussion Board Unit 4 Proof Requirements and Sentencing Due Date: Initial-Wed, Reply- Sun, Points Possible: 75
post an outline of their Key Assignment to the Discussion Board as part of your main post. The main post should include any necessary notes regarding the outline. You should complete at least 1 quality response to a classmate during the week using the three-stage approach to identify the following:
what was done well
weaknesses
areas for improvement
There is an expectation that grammar, spelling, punctuation, and format are correct and professional.
Individual Project Unit 4: Proof Requirements and Sentencing Due: Mon, see class Grading 150 Length: 1,250–1,500 words
Key Assignment
While working an undercover detail in a neighborhood known for drug activity, you notice a vehicle stopped at the intersection waiting for the light to change. The man in the vehicle makes eye contact with you. You approach his vehicle and begin carrying on a conversation with him. You ask him if he needs anything, and he responds by asking you, “What do you have?” You ask him what he is looking for, and he tells you he is looking to score. You show him a small bag containing a white powdery substance; he asks how much, and you respond, "20 dollars." He hands you a $20 bill, and you give him the bag and tip your hat to signal that the transaction was completed. At this time, the man drives off and is stopped a block away by a marked unit. The individual is placed under arrest for drug possession and purchasing drugs, and he is taken to jail.
The individual is charged with possession of a controlled substance. At his trial, he claimed that he was a victim of entrapment by the police. He was found guilty and sentenced to serve 5 years in jail and given credit for the 3 months he already had served in jail.
Assignment Guidelines
Address the following in 1,250–1,500 words:
Research and provide 2–3 case briefs on specific case law related to the entrapment defense as it may or may not apply in the case scenario.
Individual Project Unit 4: Proof Requirements and Sentencing Due: Mon, 2/1/16 Grading 150 Length: 1,250–1,500 words
Your case briefs should follow this format:
Title: Title of the selected case
Facts: Summary of the events, court timeline, evidence, and so forth
Issues: Issues that were present in this case
Decisions: The court's decision and the conclusion to the case
Reasoning: The rationale behind the final decision
Dissenting opinions: Any dissenting opinions, and an explanation of what they were and why they were raised
Answer the following questions:
Did you have probable cause to approach the defendant while he was parked at the traffic light? Why or why not? Defend your answer.
Do you feel that the entrapment defense is a valid one, considering the assignment scenario? Why or why not? Defend your answer.
Is providing the opportunity for someone to commit a crime the same as entrapment? Why or why not?
If the substance were marijuana, how much would be needed for a misdemeanor charge? A felony?
Be sure to reference all sources using APA style.
Please submit your assignment.
For assistance with your assignment, please use your text, Web resources, and all course materials.
Exclusion of Identification Evidence
The identification of a suspect for purposes of prosecution is an essential element for law enforcement.
The identifying witness will be asked in court to make the connection between the perpetrator and the person who sits before the jury – this is an element of all crimes
Courts highly value this type of evidence
Three Types of Identification
A lineup presented in person along with other
A Showup – suspect is shown to the victim alone
A photograph lineup – several photos are presented for the person to identify the suspect
Pretrial Identification
Pretrial identification, according to the supreme court is a critical stage of the criminal prosecution effort.
Pretrial identification is peculiarly riddled with innumerable dangers and variable factors which might seriously, even critically, derogate from a fair trial.
Human nature has a tendency to adhere to first impressions
Procedures which create the danger
Everyone in lineup is known to witness except suspect
Suspect is very dissimilar to others presented
Particular clothing (jail)
Suspect was made known to victim prior to id.
Trying on clothing which only fits suspect
Age
Race
Weight
Right to an Attorney
Post indictment, Pretrial -this stage is so important the courts have granted suspects the right to an attorney at this stage.
The lawyer is to serve as a passive observer
Denial of counsel constitutes a “reversible error” .
Difficulties to get a lawyer therefore the courts only apply post-indictment to allow officers to conduct effective investigations.
Dual Approach to Wade-Gilbert Rule
A pretrial, post-indictment identification where counsel is denied violates due process.
An in court identification which subsequent to an improper pre-trial identification also violates due process.
Does not apply to – Blood samples, handwriting exemplars, hair, only PC is needed no right to an attorney –these have minimal risk unlike identification.
Stovall v. Denno 388 U.S. 293 (1967)
Here the defendant is brought to the victims’ hospital bed.
Asked to say things which allegedly were said to her
She then makes her identification
Where identification procedure “was so unnecessarily suggestive and conducive to irreparable mistaken identification” the suspect has been denied due process.
Stovall’s Due Process Approach
Fairness
However the case itself did not indicate what that would look like, therefore we have to combine subsequent cases to have an idea
TOTALITY OF THE CIRCUMSTANCES – term used to refer to the analysis of the results of an illegal search or arrest.
The court created a balancing test based on the reliability of the ID procedure viewed against the totality of the circumstances
Showups Techniques
Courts do not like this technique
The court said they could not think of a more suggestive manner
Emergency
The suspect was rapidly apprehended and immediately returned to the scene of the crime
Collaborative evidence that the showup was valid
(Improper)
Here two of the four witnesses could not identify him, he was made to put on glasses, hat and trench coat (which were fruits of an illegal arrest) The witnesses were told they had the guy
Later all witnesses positively identified the suspect
Lineup Techniques
Courts prefer this method to showups
6 or more persons
Same
Height
Physical characteristics
Clothing
Everyone presented at the same time
No one person is made to do anything
Witnesses are separated
Is the criminal in the lineup? Do you see the guy? As opposed to Is it #3
Improper
We have the guy
Several lineups with only the suspect repeating
Prior to the lineup suggestions or showups
Violation of the methods above
The Lingering Taint – Fruit of the Poisonous Tree
The improper pretrial identification may taint any later in court identification
No pretrial identification presented at trial as the DA case in chief
No witness may make an in court identification of the defendant
The Lingering Taint Factors to determine actual taint
Independent source of identification
Length of time to see suspect
Speed id was made
Time between crime and id
Harmless Error
The harmless error rule is also used to access the amount of taint of an improper pretrial identification
Witness could have id nonetheless/ independent source
Corroborating evidence was overwhelming
Legislative Efforts
Nevada’s list of appropriate lineup techniques
American Law Institute suggestions for lineup procedures
6th Amendment Right to an Attorney
Strongest privilege which exist. We take care of ourselves
The first testimonial privilege ever established
A person waives a privilege if he voluntarily discloses the information in any significant way
The key ingredient for privileged information is confidentiality
Attorney-Client
All Communications told to the attorney are privileged
Definitions
Client
Lawyer
Representative of client
Representative of lawyer
Confidential
Attorney-Client
Third person present
Intent to disclose publicly
Attorney sues client –vice-versa
Eavesdroppers (no waiver)
Attorney-Client
The relationship had to have existed at the time of the communication.
Cocktail party
$1 consideration
Attorney-Client Crime-Fraud Exception
If the services were sought in order to further crime, or planning then the privilege does not apply. In re Ryder
381 F.2d 713 (1967)
Attorney becomes co-defendant
Attorney disbarred
Where attorney disclosure will serve as testimony privilege applies. State v. Olwell
64 Wash.2d 828 (1964)
Attorney-Client Crime-Fraud Exception
Tillotson v. Bough:
333 F.2d 515 (1967)
Refused to give IRS name of person he had anonymously paid a large sum of money
Schulze v. Rayunec:
350 F.2d 666 (1967)
Bank does not have this protection
