MBE Rules · Criminal Procedure
Showup Identifications
Showups and suggestiveness
The rule
Single-suspect showups are inherently suggestive but admissible when reliable under the totality (Biggers factors) and justified by exigency; due process excludes only unnecessarily suggestive AND unreliable identifications.
In plain English
Showup identifications occur when a witness is presented with a single suspect shortly after a crime. While these identifications can be suggestive, they are admissible in court if they are deemed reliable based on certain factors and if there was an urgent need for the identification process.
Worked example
After a robbery, the police quickly bring a suspect to the scene for a witness to identify. The witness confirms the suspect as the robber within minutes of the crime. The identification is admissible because it was made under exigent circumstances and is reliable based on the witness's clear view of the suspect during the crime.
Memory hook
Showup identifications: suggestive but can be reliable if urgent!
The trap
Exams may present scenarios where students confuse suggestiveness with unreliability, leading them to incorrectly rule out admissibility. Students should be cautious not to overlook the reliability aspect when assessing showup identifications.
How examiners test it
Questions often involve a scenario with a quick identification after a crime, testing students on the balance between suggestiveness and reliability. Look for fact patterns that emphasize the urgency of the identification process.
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