最新评论

Section II: Lineups

This section is about lineups—what they are, how they are conducted and what a suspect can do to help prevent unfairness.

9. How Do Lineups Work?

Lineups are one method police use to test whether witnesses or victims can reliably identify a suspect as the perpetrator of a crime. Lineups usually take place at police stations or jails. The police typically display a group of five to six people, and ask a witness or victim if they recognize anybody in the group as the person they saw commit the crime or saw at the crime scene. Normally, one person in the lineup is the actual suspect. The rest are decoys—other prisoners or even police officers.

The details of how lineups are conducted differ from place to place. Witnesses may come into a viewing room one at a time to look at the lineup participants, or the police may invite a group of two or more witnesses to view the lineup participants together. After a witness has a chance to view the lineup participants, the police will ask if the witness recognizes any of them, and if so, which one. If more than one witness is viewing the lineup, the police may have witnesses write on a card or questionnaire if they recognize anyone so that witnesses will not hear and be influenced by other witnesses. If there is an indication that such influence occurred anyway, the identification may either be suppressed upon motion by the defendant (see Section V) or attacked as unreliable if it is offered in court as evidence against the defendant.

10. In Addition to Witnesses and Those in the Lineup, Who Else May Be Present?

Police officers and possibly the prosecutor and defense attorney all may attend a lineup. Defense lawyers may also bring a private investigator, paralegal, law clerk or other employee in to observe so that person may later be able to testify about any unfair aspects of the proceedings.

11. Can I be Required to Participate in a Lineup?

The police may force an arrested suspect to participate in a lineup. This may come as a surprise to people familiar with the Fifth Amendment protection against self-incrimination. (See Chapter 1.) However, the U.S. Supreme Court considers lineups to be ''non-testimonial," (meaning the defendant is not technically being forced to provide testimony that can be used at trial) and therefore not barred by the Fifth Amendment. (United States v. Wade, U.S. Sup. Ct. 1967.)

The police cannot compel a non-arrested suspect to participate in a lineup unless a court has ordered it. However, police officers can and do ask nonarrested suspects to voluntarily take part in lineups.

Sometimes police suggest that a lineup "can clear you once and for all."

Coping With Media Attention

Media hounding of criminal suspects has sadly become commonplace. A defendant may have to submit to a lineup and other identification procedures when requested by law enforcement officials, but the defendant does not have to cooperate with the media, private investigators or other snoops. In newsworthy cases, reporters may try to photograph or question a suspect, or even request physical (hair, nails) samples. Suspects should refuse all such requests, saying, "Please speak to my lawyer" or "Do not take any photos without my lawyer's permission." If a reporter snaps a picture anyway, the defendant should face forward as calmly as possible, as photos of people ducking and hiding tend to make them look guilty.

回答1或者翻译2－3，均给分，答案回复可见。

1、哪些人可以参加列队指认程序？
2、Lineups are one method police use to test whether witnesses or victims can reliably identify a suspect as the perpetrator of a crime.
3、If a reporter snaps a picture anyway, the defendant should face forward as calmly as possible, as photos of people ducking and hiding tend to make them look guilty.

---

以下为回复可见内容

1、无标准答案。
2、列队指认是警察用来判断证人或者受害者是否能够可靠地识别嫌疑人为该案罪犯的方法之一。
3、如果记者不管不顾偷拍了一张照片，被告应该尽可能冷静地面对，因为躲避和隐藏容易让他们看起来有罪。

---

http://blog.hjenglish.com/vfd/

法律英语导读节目单

已经奖励 拧发条鸟,yanrabbit666,juliajia,maryzhen,theod,flysky2006,xlzer,longstory,bigwaterlyj,ming5920,iamkin,shz-73,xiliua007,huyulin2j,baidanghu,elegance_,xiaomaria,loosefoy,Johnnie_Mar,hujiangabc,seanhou,jennykaede,跑风,kulapika,chen_wenyu,xizhilang61,天堂之梦,听风的声音,cutekitty,smallstone20,田壮壮,hacunning
单个用户操作：金钱100 经验50 魅力50

论坛帖子:http://www.hjbbs.com/dispbbs.asp?boardID=29&ID=418334