The pretrial show-up is used today to make identifications of suspects. It is important that a witness gives precise details of what happened at the time when the crime took place. Show-ups usually takes place right after a crime takes place, and the apprehension of a suspect.
When the law enforcement officer brought the cashier back to the store that was robbed to make an identification that is called a showup. The reason why it is a showup is because when this type pretrial identification takes place, there is only the victim and suspect are “brought together”. When a showoff takes place, a counsel is not used (Hall, 2015). On the contrary, “showups” typically take place right after a crime has taken place. Either the officer takes the suspect
So, let’s expand a Law & Order episode, and place the scene at the County Jail, located at 100 W. Washington St., Muncie. A suspect has been arrested, and is taken to jail. Upon arrival, the suspect will be given an orange jumpsuit, underwear, t-shirt, socks, and shoes without laces to wear, and a mattress pad for their bed, all jail issued. The suspect will be handcuffed and shackled for any movement he will make within the facility before he is placed in his cell. The suspect receives an arm bracelet with a picture of himself to be worn at all times as identification. They can make a call for bail, and if they cannot get the money, the jail becomes their new home.
They seat the accused in between the two fronts. bleachers. The sand is a sand. They begin the trail, calling anybody that has seen you do suspicious behavior. A few People come up and make various claims, one includes the accused’s wealthy, greedy neighbor.
At approximately 1850 hours, I approached Jackson approximately five spaces inside of the Westfield Shopping Town Blue Garage where I identified myself both verbally and with a badge as Nordstrom Loss Prevention. At this time Westfield Mall Security observed the apprehension. I then asked Jackson if he knew why I stopped him, Jackson was absolutely silent in which I asked him if he had a medical condition or if he understood my questions. Jackson shook his head ‘yes’ to asking if he understood me, I then asked Mall Security to assist me with the escort due to Jacksons strange behavior.
Line ups and show-ups are typically used to identify a witness or a suspect. Lineups are an identification procedure, in which the witness or the victim is able to observe and pick out any possible suspects related to the crime. With a traditional lineup, a photo lineup can also be conducted. Investigators will rely on this method more frequently because there is an urgency to proceed in the case. As for a show-up, the witness of the crime is able to view the suspect alone, without other possible suspects. For example, when a suspect is apprehended, a police officer could rely on a show-up procedure and present the victim with a drive by of the detainee in an effort to identify the suspect. These identification procedures are important for the witness because they provided a comfortable setting in which can help them be as precise as possible in making an
Yet, even after all the effort she placed into ensuring her assailant was convicted, and picking the same individual out of both a photo and physical line up, she still was unable to identify the correct person. When Jennifer participated in the photo lineup she was given several photos to choose from, it took some careful study and narrowing down for Jennifer to decide that her assailant was Ronald Cotton. Even when the Ricky Cotton was found to be innocent of the crime against Jennifer it took her a while to accept this due to what her mind and memory had come to believe. Professor of psychology Gary Wells tells us that when a person takes more than ten to fifteen seconds to make an identification they will most likely identify the wrong person. Professor Wells also stated if a person is given more than one photo at a time to view, they tend to compare the photos to one another and try to narrow down a suspect assuming that they must be in the lineup. Also noted in several of the studies was, when an individual received positive reinforcement after making an ID in a lineup it alters that person’s memory. While police may be trying to assure the person that they are doing a good thing what they are doing is changing the way the person remembers the
The Miranda warnings stem from a United States Court’s decision in the case, Miranda v. Arizona. There are two basic conditions that must be met for Miranda warnings to be required: the suspect must be in official police custody and the suspect must be under interrogation. The suspect goes through a booking process after an arrest. The suspect will have a bond hearing shortly after the completion of the booking process or after arraignment. The arraignment is the suspect’s first court appearance to officially hear the charges filed against him or her and to enter a plea. The preliminary hearing or grand jury proceeding determines if there is substantial evidence for the suspect to be tried for the crime charged. In this essay, I will identify and describe at least four rights afforded criminal defendants at the arrest stage and during pretrial. I will analyze the facts presented and other relevant factors in the scenario provided. I will cite legal authority to support my conclusions.
Understanding Crime: Theory and Practice. Belmont, CA: Wadsworth Publishers. Woodham, J., & Toye, K. (2007). Empirical Tests of Assumption of Case Linkages & Offender’s profiling with Commercial Robbery.
Now that we have discussed the pretrial occurrences, we get into the trial portion of the court process. This is the portion of the process in which both the defense and the prosecution present their cases to the jury, the judge, and the rest of the courtroom. To select a jury, the bring in potential jurors and ask them questions,
The issue of pretrial publicity is a maze of overlapping attentions and interwoven interests. Lawyers decry pretrial publicity while simultaneously raising their own career stock and hourly fee by accumulating more if it. The media both perpetrate and comment on the frenzy -- newspapers and television stations generate the publicity in the first place and then actively comment on the likely effect that the coverage will have on the trial. When a high profile case is brought to trial, many media outlets report not only on the details of the trial, but also details about the persons involved, in particular the defendant. Much of the information reported regarding the case is released before the trial starts. Furthermore, media outlets may not only report facts, but also present the information in a way that projects the culpability of the defendant. By allowing pretrial publicity of court cases, potential jurors are given information that could sway their opinion of the defendant even before the trial begins, and how they interpret the evidence given during the trial. The right of a criminal defendant to receive a fair trial is guaranteed by the Sixth Amendment of the U.S. Constitution. The right of the press, print and electronic media, to publish information about the defendant and the alleged criminal acts is guaranteed by the First Amendment. These two constitutional safeguards come into conflict when pretrial publicity threatens to deprive the defendant of an impartial jury. However, there is a compromise between these two Constitutional rights, which would allow for the selection of an impartial jury and allow the media to report on the details of the case. The media should only be able to report information once the trial has...
A person may identify himself to police as another person when apprehended for a crime. This refers to as Criminal Identity theft is very dangerous for the victims. Provided the deceit, charges may be applied under victim’s name, letting the criminal
The article, “Trial Lawyers Cater to Jurors’ Demands for Visual Evidence,” written by Sylvia Hsieh stresses the importance of visual evidence. Hsieh writes
Essentially, a pretext stop is when an officer believes that a significant crime--such as a DUI--is happening. However, they cannot articulate the reason for their suspicion in a way consistent with the requirements of having reasonable suspicion. To execute the stop, the officer then finds any minor traffic violation to detain you and begin
The human race has taken the solemnness of these meetings, and has changed it to a form of entertainment only clowns would be involved with. The public is so involved with this newfound form of fun, that they don't realize the actual damage that it is causing to the judicial system as well as human life. I feel that even though cameras are a very innovative way to educate people about unknown situations, they need not be in courtrooms involved with high-profile cases. The biggest trial of the century has been said to have been the O.J. Simpson trial. People flocked to their favorite public places to be with friends so they could watch the trial together.
Procedural steps the officers will perform following John’s arrest and interview at the police station. Once John has been question the next steps will be the booking process. John then will go through a pat down search and all of his personal belongings will be taken and put away. After his personal belongings have been taken, the officer will take him into the booking area. In the booking area John will then answer questions regarding about himself such as name, date of birth, physical characteristics. After he answers the entire questions then his infor...
The courts have the function of giving the public a chance to present themselves whether to prosecute or defend themselves if any disputes against them rise. It is known to everyone that a court is a place where disputes can be settled while using the right and proper procedures. In the Criminal court is the luxury of going through a tedious process of breaking a law. Once you have been arrested and have to go to court because of the arrest, you now have a criminal case appointed against you. The court is also the place where a just, fair and unbiased trial can be heard so that it would not cause any disadvantage to either of the party involved in the dispute. The parties are given a chance to represent themselves or to choose to have a legal representative, which is mostly preferred by many.