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Criminal Procedure keyed to Weinreb
Neil v. Biggers
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- The Brief Prologue provides necessary case brief introductory information and includes:
- Topic: Identifies the topic of law and where this case fits within your course outline.
- Parties: Identifies the cast of characters involved in the case.
- Procedural Posture & History: Shares the case history with how lower courts have ruled on the matter.
- Case Key Terms, Acts, Doctrines, etc.: A case specific Legal Term Dictionary.
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- Brief Facts: A Synopsis of the Facts of the case.
- Rule of Law: Identifies the Legal Principle the Court used in deciding the case.
- Facts: What are the factual circumstances that gave rise to the civil or criminal case? What is the relationship of the Parties that are involved in the case. Review the Facts of this case here:
The Respondent was convicted of rape and imprisoned for twenty years. Part of the state’s evidence was a station house identification by the victim. The Respondent brought a federal habeus corpus action. The District Court held that the station house identification procedure was so suggestive as to violate due process. The Court of Appeals affirmed. The victim gave the police what the Federal District Court characterized as ‘only a very general description,’ describing the assailant as ‘being fat and flabby with smooth skin, bushy hair and a youthful voice.’ ” Additionally, though not mentioned by the District Court, she testified at the habeas corpus hearing that she had described her assailant as being between 16 and 18 years old and between five feet ten inches and six feet tall, as weighing between 180 and 200 pounds, and as having a dark brown complexion. This testimony was substantially corroborated by that of a police officer who was testifying from his notes.” “On several occasions over the course of the next seven months, she viewed suspects in her home or at the police station, some in lineups and others in showups, and was shown between 30 and 40 photographs. She told the police that a man pictured in one of the photographs had features similar to those of her assailant, but identified none of the suspects. On August 17, the police called her to the station to view respondent, who was being detained on another charge. In an effort to construct a suitable lineup, the police checked the city jail and the city juvenile home. Finding no one at either place fitting respondent’s unusual physical description, they conducted a showup instead.” “The showup itself consisted of two detectives walking respondent past the victim. At the victim’s request, the police directed respondent to say ‘shut up or I’ll kill you.’ The testimony at trial was not altogether clear as to whether the victim first identified him and then asked that he repeat the words or made her identification after he had spoken. In any event, the victim testified that she had ‘no doubt’ about her identification.”
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