Two different parts
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Fairness of Identification Procedures CJ 7 D
part 1 ON OWN PAPER
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.
Violations of MirandaCJ 8 D
part 2 ON OWN PAPER
In Missouri v. Seibert (2004), the Court held that giving the Miranda warning only after the police obtain an unwarned confession violates the Miranda rule. As a result of this decision, statements made after the Miranda warning is given are not admissible even if these statements repeat those given before the Miranda warning was read to the suspect. In an earlier case, Oregon v. Elstad, the Court admitted a confession obtained after the police gave the Miranda warning—even though the suspect had previously made statements before the warning was given.
Imagine you are a police officer investigating a domestic violence case. You received a call that a man hit his wife in the face with a closed fist, causing injury. You arrived at the scene and locate the suspect in question. You handcuff him and put him in the back of your patrol car. You ask him if he hit his wife in the face. He states to you that he just “lost control” and did not mean to hurt her. He tells you that he is sorry for hitting her and will never do it again.
Once at the police station, your sergeant tells you to make sure you get plenty of information in the confession statement from the suspect to put into the arrest report. You provide the suspect with his Miranda warning and ask him to go into detail about the incident and him losing control. He tells you the whole story from the beginning and again states that he had no intention of hurting his wife.
For this discussion, locate a case on point with the Seibert or Elstad case.
In your main post:
Analyze admissibility of the suspect’s confessions in the scenario provided before and after Miranda warning was given to the suspect.
Determine whether the ruling in the case you researched aligns or conflicts with Seibert or Elstad.
Articulate whether you agree with the court’s rationale regarding the admissibility of statements made by a suspect in your selected case, and why.
Explore how you feel the Miranda warning would impact your decision making if you were a police officer.