SAFU | ShowUps (2024)

FAQs

What was the finding in Perry v. New Hampshire? ›

11, 2012, in an 8-1 opinion, the Court affirmed the decision of the New Hampshire Supreme Court, and held that the Due Process Clause does not require a preliminary judicial inquiry into the reliability of an eyewitness identification when the identification was not procured under unnecessarily suggestive circ*mstances ...

In cases where a blind presentation is not feasible, a blinded presentation should be used. 2. The lineup or photo array should consist of a minimum of six individuals or photographs. Use a minimum of five fillers and only one suspect.

A person has a Sixth Amendment right to counsel at a lineup or showup undertaken "at or after initiation of adversary criminal proceedings--whether by way of formal charge, preliminary hearing, indictment, information, or arraignment." Moore v.

Police officers and often a prosecutor attend lineups. A defense attorney may be present as well, because a suspect who has been formally charged with a crime has a right to be represented by a lawyer at a lineup.

New Hampshire was one of the 13 original colonies of the United States and was founded in 1623. The land in the New World was granted to Captain John Mason, who named the new settlement after his homeland in Hampshire County, England. Mason sent settlers to the new territory to create a fishing colony.

Early historians record that in 1623, under the authority of an English land-grant, Captain John Mason, in conjunction with several others, sent David Thomson, a Scotsman, and Edward and Thomas Hilton, fish-merchants of London, with a number of other people in two divisions to establish a fishing colony in what is now ...

Wade, together with Gilbert v. California, created the Wade-Gilbert Rule. Under this rule, the Supreme court held post-indictment lineups are a critical stage of the criminal prosecution and the defendant is entitled to have their counsel present at critical stages under the Sixth Amendment.

In United States v. Wade (1967), the Supreme Court held that placing a defendant in a police lineup without his or her attorney present, after he or she had been indicted for a crime, violated the Sixth Amendment. This is because a post-indictment lineup is a critical stage in the criminal process.

(despite adequate representation by counsel, if it is not the accused's counsel of choice and if he is erroneously prevented from being represented by the lawyer he wants, then the Sixth Amendment right has been violated).

Neither the lineup itself, nor requiring the accused to utter words for voice identification purposes during the lineup, violate the Fifth Amendment privilege against self-incrimination. See United States v. Wade, supra.

What is a simmons admonishment? ›

The officer Shall provide the following admonition for in field show ups: Simmons Warning: The person you are about to see may or may not be the person who committed the offense. You are not obligated to pick anyone. We are interested in clearing the innocent as well as finding the guilty.

In a criminal trial, tainted evidence, also referred to as evidence of taint, is evidence that was acquired by illegal means. For example, if authorities gather evidence using a wiretap without a proper warrant, the evidence will be deemed tainted.

In Coolidge v. New Hampshire' the Supreme Court restricted the scope of warrantless search and seizure by limiting the use of the automobile2 and plain view3 exceptions to the warrant requirement of the fourth amendment.

Reasoning (9-0) A unanimous Supreme Court, via Justice Charles Evans Hughes, held that, although the government cannot regulate the contents of speech, it can place reasonable time, place, and manner restrictions on speech for the public safety.

In Perry v. Sindermann, 408 U.S. 593 (1972), the Supreme Court ruled that public university officials violated the First Amendment when they terminated a junior college professor for publicly criticizing the Board of Regents.

Perry v. New Hampshire (2012) ruled that: the due process clause does not require a hearing into the reliability of eyewitness identification procedures that were not arranged by the police.