PREPOZNAVANJE I DRUGI POSTUPCI IDENTIFIKACIJE U ISTRAŽNOM POSTUPKU U PRAVU SJEDINJENIH AMERIČKIH DRŽAVA
LINEUPS AND OTHER PRE-TRIAL IDENTIFICATION PROCEDURESIN THE RIGHT OF UNITED STATES OF AMERICA

Summary/Abstract: A number of challenges can be made to lineups and pre-trial identification in right of the United States of America. This chapter examines the major arguments that defendants have made. In accordance with the Fifth Amendment to the Constitution of the United States, a defendant may argue that an identification procedure violates his right against self-incrimination. However, physical identification (e.g. a lineup or voice sample) will generally not trigger the Fifth Amendment privilege against self-incrimination. In addition, a defendant may argue that an identification procedure violates his Sixth Amendment right to counsel. A defendant has the right to have counsel at pre-trial lineup that occurs after the institution of formal proceedings against him. At last, a defendant may be able to argue that an identification procedure, such as a lineup, was so unfair as to violate his right to due process of law. To do this, the defendan must show that, viewed by the “totality of the circumstances”, the identification procedure was so “unnecessarily suggestive” and so conducive to mistaken identification as to be deeply unfair to him.

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