Week 4 notes
Week 4 notes CJ 342
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This 2 page Class Notes was uploaded by Nicole Wolfe on Tuesday February 16, 2016. The Class Notes belongs to CJ 342 at University of North Dakota taught by Kristi Venhuizen in Spring 2016. Since its upload, it has received 32 views. For similar materials see Criminal Procedure in Criminal Justice at University of North Dakota.
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Date Created: 02/16/16
Chapter 16 Part 2 Identification Procedures Forensic methods – application of scientific principles to legal issues o Ex: fingerprint identification, comparison of blood samples, matching of clothing fibers, head and body hair comparisons, identification of semen, DNA, etc. o Handwriting exemplar o Voice exemplar Forensic procedures are constantly evolving and subject to constant scrutiny o Frye v U.S. – allows the admission of forensic evidence based on theories generally accepted in the scientific community Standard used in ND o Daubert v Merrell Dow Pharmaceuticals Inc – rules of evidence supersede Frye standard’ Lineups o No fifth amendment immunity o If charged, the defendants has the right to have counsel present during the lineup Show-ups o Process of bringing the victim to the suspect to see if they can make an identification Photo packs Eyewitness identification The rate of wrongful conviction is 1 in 200 or .5% o Equals 5000 people being wrongly committed each year o Erroneous eyewitness identification is the single greatest cause of wrongful conviction Neil v Biggers, 409 U.S. 188 (1972) – Supreme court created a 5 part test to determine of eyewitness identification is reliability o The opportunity of the witness to view the accused at the time of the crime o The witness’ degree of attention o The accuracy of the witness’ prior description of the accused o The level of certainty demonstrated at the confrontation o The time that elapsed between the crime and the confrontation Why does eyewitness identification error occur: o Memory traces of crime o Memory fills in the blanks with general knowledge, photos, post-event information, and expectations, attitudes, beliefs and biases o Different sources of information combined to create memory of the crime and perpetrator o Once memory is altered it cannot be restored o Eyewitness is generally unaware that memory has been altered Ronald Cotton Case o Jennifer Thompson was raped and while it was occurring she made sure she got a good look at her assailant so that she could depict him to the police and get him arrested for the crime. Another woman was raped that night too. Ronald Cotton was a registered sex offender and was put into a picture line up, Thompson picked him out of the picture line up and then a real life lineup after that. The other woman picked someone else out of the lineup. Cotton was eventually convicted to 2 life sentences for the rape of both women. He overheard Bobby Poole in prison bragging about committing the rape. Cotton got a retrial and DNA proved that the rape was committed by Poole and not Cotton. Cotton had already served 11 years for a crime he had not committed.
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