United States v. Wade Case Study Example | Topics and Well Written Essays - 1000 words

unify States v. Wade - Case Study ExampleDuring the trial, Wades legal counsel tried to get an acquittal for their client based upon their belief that the fifth Amendment unspoileds of their client was break as the descent up was done without some(prenominal) legal counsel present to advise the accused of his rights. The courts denied the motion, resulting in the sentence of Wade in the end (n.d., United States v. Wade). This led the defense to file a motion sooner the Supreme Court in order to request that they resolve the issue of allowing courtroom acknowledgments of an accused to be excluded from evidence since the events surrounding the identification process was done without the presence of counsel. The events before the trial at the institutionalise indictment line up was therefore illegally conducted and was violation of his clients Fifth Amendment Rights (n.d., United States v. Wade). They call for that the Supreme Court overturn the decision of the lower court i n the process. The Supreme Court however, did non find any reason to dismiss the case against Wade. It was the opinion of the court that the lack of counsel at the line up proceedings could non be seen as a violation of the accused Fifth Amendment Right against self incrimination. ... That is, provided that the prosecution would be able to support the pretrial line up identification the accused with a solid and valid court identification of the accused as well (n.d., The United State v. Wade). Therefore, it was the opinion of the court that the Fifth Amendment Right to self incrimination was not violated in this case as the line up identification did not show that there was any testimonial or communicative evidence that needed to be suppressed. On the other hand, the Sixth Amendment Right to counsel was violated in the pretrial proceedings since the accused had a right to legal mission during critical stages of the pretrial proceedings, specially during the identification stages. Proper watcher identification can easily be influenced during an investigation due to the nervousness and trauma that the witness had to endure during the incident. Therefore their memory recall of the perpetrators and the events as it unfolded may have a cloud of doubt about it. That is why the police rely on certain variables in order to ensure that the eyewitness accounts are as accurate and court permissible as possible. The key factors relating to the accuracy of witness identification, that can easily offset the suggestiveness and bias of show ups acknowledge (Moses, Misidentification the Caprices of Eye Witness Testimony in Criminal Cases) (1) Perception (2) Memory (3) Communication and (4) Candor. However, these traits are not easily acquired by people and therefore affects the way that a witness gives an account of the things that happened during the incident, thereby make the witness prone to suggestive questioning. Let us remember that perception is created by the e vents as the witness wants to