Mistaken eyewitness testimony is the single largest contributing factor to wrongful convictions. Pre-trial procedures utilized by law enforcement are not necessarily subject to suppression even when the procedures are considered "unnecessarily suggestive."

a. Discuss eyewitness procedure reforms and include an argument for and against the reforms. Using one of the cases from the text as an example, explain how implementation of the reform(s) would have resolved the defense's concerns.

b. What must the defense establish to successfully suppress a suggestive identification? Use cases as examples.

c. Despite the arguments in favor of eyewitness identification reform, is law enforcement motivated to implement such reforms when suppression is not ordinarily a viable option for the defense?

Question Two: Bail Reform

2. How did the Court inUnited States v. Salernoreason that the Bail Reform Act of 1984, of which permitted pre-trial detention without bail, was consistent with the 8th Amendment's prohibition against "excessive bail?" How does pre-trial detention adversely impact the defendant's ability to help a defense, and in what ways does pre-trial detention impact society?

Criminal Procedure and the Constitution, Leading Supreme Court Cases and Introductory Text, 2022 Jerold H. Israel | Yale Kamisar | Wayne R. LaFave | Nancy J. King | Eve Brensike Primus | Orin S. Kerr Generated: 8/12/2024 Page 1 of 9

ISBN: 9781636599267