Eyewitness Identification: The Legality and Admissibility of Show-up Procedures

Abstract

Discussion: Show up Show-up is an out-of-court pretrial identification procedure that allows the witnesses to try and match the suspect with the one person either by live appearance or a photo (Samaha, 369). The grounds that define whether the show-up was a violation of due process depends on whether the circumstances during the show-up process were so unnecessarily suggestive and conducive to irreparable mistaken identification that he was denied due process of law (Pg, 370). Our current case scenario goes hand in hand with the Stovall V. Denno case of 1967. In that case, SCOTUS upheld the admissibility of the show-up and recognized that due process was a basis for challenging identification testimony on constitutional grounds. To this effect, being a potential physical eyewitness in the case, the victim has the right to identify the defendant in the courtroom. It is imperative to note that courts rarely throw out eyewitness identification evidence, unlike juries that can choose to give eye-witness identification little to no weight depending on the circumstances (Pg, 350). Such a stand defines strong grounds why the victim in our case scenario remains viable to identify the defendant in the courtroom. Work Cited Samaha, Joel. "Criminal Procedure Companion CD-ROM." (2005).