Lineup in the United States

A process by which a suspect in a crime is presented with others to a witness. The purpose of a lineup is to obtain identification of a suspect. A lineup requires the lining up of a number of people generally resembling one another for ofcservafi’o’fi 3 Wittl. If 3 liflf Up properly conducted, a witness who identifies a suspect may testify to that effect at trial. A lineup differs from a showup, which is a one-to-one confrontation between suspect and witness. A showup is used as an alternative to a lineup when a situation makes the lineup impossible. A showup is, however, subject to the same due process standards as the lineup.

Analysis and Relevance

Identification procedures such as lineups are admissible in criminal cases so long as they meet basic considerations of due process. In assessing identifications, the Court used the totality of circumstances doctrine with the reliability of the identification being the key consideration. Identifications cannot be made under circumstances that are suggestive or point to a particular suspect. Lineups, for example, with only one person dressed in the manner described by the witness or only om person approximating the physical d’fiption provided by the witness are categorically prohibited. The Supreme Court also struck down a lineup identification in Foster v. California (394 U.S. 440: 1969) because Foster was the only person who appeared in a second lineup after appearing in the first. The Court characterized the process as one that made “identifications virtually inevitable.” The standards used in assessing the reliability of identifications were set out in Neil v. Biggers (409 U.S. 188: 1972). Re-liability rests upon the opportunity of the witness to observe the criminal at the time of the offense, the attentiveness of the witness at that time, the accuracy of the witness’ description of the suspect, and the witness’ level of certainty at the time of confrontation with the suspect. Without sufficient reliability, identification testimony may not be used. The Court has also determined that post-indictment confrontations are a sufficiently critical stage in the criminal process that a suspect is entitled to assistance of counsel.

Notes and References

Definition of Lineup from the American Law Dictionary, 1991, California

Lineup in the United States

Lineup

United States Constitution

According to the Encyclopedia of the American Constitution, about its article titled 691 LINEUPIn opinions whose subtext is unease about eyewitness identification procedures and testimony, the Supreme Court ruled in 1967 that a suspect is entitled to the presence of counsel at a lineup in order to preserve a fair trial at which the witnesses can be meaningfully cross-examined. The
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Lineup

Lineup in the United States

Analysis and Relevance

Notes and References

Lineup in the United States

Lineup

United States Constitution

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