Week 10 Discussion - The rights to counsel and to due process

Week 10

Respond to the two discussion questions below and post your response addressing those two questions in one post-response (be sure to identify the questions you selected in your response). 

Questions

1. The rights to counsel and to due process apply in lineups, showups, and photographic identification, but the rights to protection against unreasonable searches and seizures and self-incrimination do not. Discuss the reasoning as to why the Court applies the first two but not the last two. Does the Court's reasoning make sense? Discuss why it makes sense.
2. In Neil v. Biggers (1972) the Court determined that identification procedures must be fair. To determine whether the procedures were fair, courts must consider all the circumstances leading to the identification. Discuss what circumstances should be considered in determining fairness. Why are these circumstances important in determining the fairness of an identification procedure?