Lineups and show-ups
The law allows citizens the right not to incriminate themselves whether they have information that may do so or not. Basically, lineups and show-ups include a form of methods used by the prosecution to collect evidence against a defendant. Requiring one to stand in front of a commoner, posing as a suspected criminal waiting to be identified is a form of self-incrimination on its own. More so, it is has been observed over the years that eyewitness identification is one of the major perpetrators of miscarriage of justice.
As much as one has the right to avoid self-incrimination, the government rules out lineups and show-ups as a form of violation of this right. It views lineups and show ups as simply a procedure that the prosecution is entitled to in the quest to gather evidence. The lineup is placed in the same category as scientific analysis of the suspect’s blood samples, hair, and clothing among others. Lineups are therefore not considered as a way of incriminating oneself.
The fact that is a bit challenging is the violation of the Sixth Amendment right with regard to the lineups and show-ups. The law clearly requires the presence of counsel at all crucial stages of an ongoing criminal case as well as a lineup, should it pose a threat to the defendant’s case. Nevertheless, the government states that it is not necessary for a lawyer to be present during a lineup as it is merely a procedure in pursuit of evidence. A lineup is not considered to be a critical stage as the presence of counsel is least likely to affect the process of the lineup.
In my opinion, there is much needed clarity in matters to do with lineups and show ups as to whether it really violates the fifth Amendment right against self-incrimination or not.
References
Stern, S. & Wermiel, S. (2010). Justice Brennan: Liberal champion. Boston, Mass: Houghton Mifflin Harcourt.
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