A formal charge has been filed against Able for aggravated assault of Ben. Officer Johnson asked Ben to come by the police station to look through a photo identification of 18 pictures. In doing so, Ben pointed to the picture of Able and identified him as the person who assaulted him. Officer Johnson then asked Ben to accompany him to a small room where he viewed a lineup of 5 possible suspects through a one-way window. Able was a 5'6" inch tall male with blonde hair. The other suspects in the lineup were all over 6 feet tall with dark hair. Ben immediately picked Able out of the lineup as the person who assaulted him. After identifying Able in the lineup, Ben related to Officer Johnson that he now remembered Ben from high school as someone who constantly bullied him. At trial, the prosecuting attorney introduced both the photo identification and evidence of the pretrial lineup into evidence. The prosecution also called Ben to the witness stand and asked Ben if the man who assaulted him was in the courtroom. Ben immediately pointed to Able.  

 Discuss the legal issues relating to the:      

(a) photo identification,        
(b) pretrial lineup and     
(c) the in court identification.

Answer rating: 100% (QA)

a Photo Identification The initial photo identification where Ben pointed to Ables picture as the as... View the full answer