A showup is a means of out-of-court identification in which a witness looks at only one person for the purpose of making an idenitifcation.  By contrast, a lineup involves showing the witness a number of persons.  See LINEUPS.  Showups are more likely to be allowed where they take place on the scene of the crime shortly after the crime occurred.{footnote}See United States v. Canty, 152 App.D.C. 103, 469 F.2d 114 (1972).{/footnote}  Otherwise, the availablity of the less suggestive alternative of a lineup may invalidate the showup identification.{footnote}Check United States v. Hadley, 671 F.2d 1112 (8th Cir. 1982).{/footnote}

Because showups are highly suggestive, they are carefully scrutinized for fairness.{footnote}Stovall v. Denno, 388 U.S. 293, 18 L.Ed.2d 1199, 87 S.Ct. 1967 (1967); 39 ALR3d 791.{/footnote}  Improperly suggestive methods used at a showup identification do not necessarily violate a suspect’s Due Process rights.{footnote}See, e.g., United States v. Kessler, 692 F.2d 584 (9th Cir. 1982)(suspect may be shown in handcuffs).{/footnote}  The courts evaluate a showup identification by determining under the totality of the circumstances the identification was reliable, and whether there is a substantial likelihood of irreparable misidentification by virtue of the suggestiveness of the procedures used.{footnote}United States v. Hadley, 671 F.2d 1112 (8th Cir. 1982).{/footnote}  It is the defendant’s burden to show that the showup was impermissibly suggestive.{footnote}Rodriguez v. Young, 906 F.2d 1153 (7th Cir. 1990).{/footnote}

Sixth Amendment Right to Cousel

Showups which take place on the scene of the crime shortly after the crime occurred will ordinarily not be held to violate a defendant’s Sixth Amendment right to counsel.{footnote}Check United States v. Canty, 152 App.D.C. 103, 469 F.2d 114 (1972).{/footnote} 

Related Articles

IDENTIFICATIONS; LINEUPS.