A lineup is a means of identification (genrally out-of-court) in which a witness looks at a group of persons, among them one or more suspects,
for the purpose of making an identification.  By contrast, a showup involves showing the witness only the suspect or suspects.  See SHOWUPS.

Improper Lineup

An identification made at a lineup conducted in violation of the defendant’s consitutional rights will be excluded.  Constitutional error may be found where the defendant was denied his Sixth Amendment right to counsel or where the lineup was improperly suggestive.{footnote}Stovall v. Denno, 388 U.S. 293, 18 L.Ed.2d 1199, 87 S.Ct. 1967 (1967); 39 ALR3d 487.{/footnote}

Racial makeup.  A suspect in a line-up should orinarily be accompanied by others of the same race or ethnicity, or at least of similar overall appearance.{footnote}Williams v. Weldon, 826 F.2d 1018 (11th Cir. 1987)(line-up proper where other participants not of same race but similar in appearance).{/footnote}

Subsequent identifications.  Where a lineup identification has been held to have been in violation of the defendant’s constitutional rights, subsequent identifications by the same witness will be excluded unless they are shown to be untainted by the earlier lineup identification.

In-Court Lineup

The defendant may ask for an in-court lineup if a witness’ identification is disputed, and the granting or denial of such a request is a matter within the trial court’s discretion.{footnote}United States v. Caldwell, 151 App. D.C. 84, 465 F.2d 669 (1972).{/footnote}  The denial of an in-court lineup does not violate a defendant’s Due Process rights.{footnote}United States v. Bennett, 675 F.2d 596 (4th Cir. 1982).{/footnote}

Photographs or Videotapes of Line-ups

Admission of a photograph of the line-up in which the defendant was identified has been upheld where witness merely testified that the photographed scene was "similar to" actual line-up.{footnote}United States v. Bonds, 526 F.2d 331 (5th Cir. 1976).{/footnote}  Similarly, a witness may make an identification by viewing a videotaped lineup.{footnote}United States v. Amrine, 724 F.2d 84 (8th Cir. 1983).{/footnote}

A lineup photograph may be introduced for the purpose of rebutting an allegation of improperly suggestive procedures, provided that an appropriate cautionary instruction is given to the jury.{footnote}United States v. McCoy, 848 F.2d 743 (6th Cir. 1988).{/footnote}

Privilege Against Self-Incrimination

The privilege of an accused not to incriminate himself is not violated by requiring him to participate in a lineup,{footnote}Rigney v. Hendrick, 355 F.2d 710 (3d Cir. 1965).{/footnote} or requiring the accused to speak for the purpose of a voice identification.{footnote}United States v. Wade, 388 U.S. 218, 18 L.Ed.2d 1149, 87 S.Ct. 1926 (1967).{/footnote}  See also VOICE IDENTIFICATION–Privilege Against Self-Incrimination.

Related Articles

IDENTIFICATIONS; SHOWUPS.