Sample Criminal Law Essay Paper on Eyewitness Evidence

Question 1

Eyewitness evidence has become famous and fundamental in criminal justice systems although it is prone to numerous identification problems. Some of the identification procedures in criminal justice systems include lineup, show-up, and photographic identification. Lineup identification is a process in which the suspect is displayed in the company of six or more people resembling him. In other words, several individuals are present in the identification process. Show-up is where one suspect is displayed to one witness at a time. In this process, few individuals are present in the display identification. On the other hand, photographic identification is where the suspect is identified by the witness through photos displayed with only the witness being present.

The applicability of due process means that all levels of government are obligated to operate and act within the law or legality as well as to provide fair procedures for suspects before criminal justice systems. The Fourth Amendment protection against unreasonable searches and seizures assure citizens of their security and that of their houses, papers, and effects. It also states that such searches can only be conducted judicial sanctions and must be supported by oaths identifying places to be searched and seized in line with the American constitution. A perfect example is the John Entick case where Nathan Carrington in the company of others forcefully entered his home after a search and seizure warrant was issued by George Montagu-Dunk authorizing the process. The Fifth Amendment privilege against self-incrimination is identified as a protection to defendants being compelled to become witnesses in their cases thereby requiring defendants to be to be tried upon grand jury indictment. An example is the O’Callahan vs Parker case of 1969 where the Supreme Court held the amendments that projected bringing of members to action or service without indictment. The Sixth Amendment outlines the right to counsel in relation to each procedure carried or undertaken during criminal prosecutions allowing prosecutions to be made in the shortest time possible. In 2017, in Pena-Rodriguez vs Colorado, the Supreme Court ordered a jury’s verdict to determine if the rights of the defendant were safeguarded

Question 2

The Kirby rule outlines that a defendant is not entitled to a lawyer before he is brought into a court of law and charged. On the other hand, Wade- Gilbert rules argue that once the defendant is charged in a court of law, he is entitled to a lawyer. I agree with the rules as they are in line with following due process highlighted in the Fifth Amendment.