Wednesday, October 30, 2019
Amendment Impact Assignment Example | Topics and Well Written Essays - 1000 words
Amendment Impact - Assignment Example Despite this extent of unreliability, the supreme courts in most states still insist on the evidence from show up identification. This majority rule approach employs malleable and outdated facts; as a result the show up type of evidence is routinely used against innocent defendants during criminal trials. In some states however, defendants are offered meaning protection under the constitution. Such reforms come in form of evolution of the approach that is used by the majority. Here, much more relevant facts and circumstances are added in the analysis. The next one is a revolution that goes against the majority approach. In this instance, the evidence from show up identification is prohibited unless it is at the time of show up. It is applicable in cases where existing circumstances avert the use of photo array or line up process; or lack of probable cause for arresting the suspect, and there is no cause for illegally arresting him long enough while awaiting line up or photo array results. The best thing about the revolutionary show up approach is that it provides innocent defendants protection against any form of false identification and wrong convictions. Most bodies especially those concerning the human rights have persistently urged the supreme courts to adopt the revolutionary methods. Despite all these compulsions, the courts are still very adamant in their trials. Most trial courts will thwart the minority rule by distortion of the two exemptions thus exposing defendants to wrongful trials. When there is false eyewitness identification and wrong convictions, truth is always uncovered by the use of post conviction DNA tests. However, in many major criminal cases, normally criminal evidence is either destroyed or even considered nonexistent. This results into significant problems for the defendant whom in most cases is
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