The rights to counsel and to due process apply in lineups, showups, and photographic identification, but the rights to protection against unreasonable searches and seizures and self-incrimination do not. In Neil v. Biggers (1972), the Court determined that identification procedures must be fair. All three forms of identification have raised serious concerns among law and criminal justice professionals because of their proven unreliability. To determine whether the procedures applied are fair, courts must consider all the circumstances leading up to an identification.
Review the case of Neil v. Biggers. Then, locate a case on fairness in identification procedures.
In your main post:
- Summarize the key points of the Neil v. Biggers case.
- Explain the applicable law the court relied on in reaching its decision in your selected case.
- Describe the outcome in your selected case as it impacts fairness in identification cases.
- Explore which circumstances should be considered in determining fairness in the context of legal criminal procedure, from a criminal justice practitioner standpoint.