<論説>アメリカ合衆国における犯人識別手続に関する一考察

概要

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While eyewitness identification can be a powerful piece of evidence, it is the most unreliable form of proof. There have been great danger that mistaken identification leads to the conviction of an innocent person. It was not until 1967 that the U. S. Supreme Court focused its attention on the problem of mistaken eyewitness testimony. Three decisions in 1967,U. S. v. Wade, Gilbert v. California, Stovall v. Denno, declared the Constitutional requirements to pretrial identification procedure in order to secure the governmental interest to acquire the evidence and the individual rights protected by the Constitution. And these also activated legislative and judicial movements which had ensuring the fairness of the identification procedure as an object. This article aims of study eyewitness identification procedure and nontestimonial identification procedure together. Its contents are as follows : I Introduction 1 Preface 2 The identification procedure II The situation in the U. S. A. 1 Right to counsel protection 2 Due process of law protection 3 Fourth amendment attack (1) Admissibility of the identification evidence which is the fruit of an illegal seizure (2) Order to appear absent grounds to arrest (3) Adams order (4) Order to appear after release on bail (5) Grand jury subpoena 4 A model code of pre-arraignment procedure III Conclusion 1 The situation in the U. S. A. 2 Conclusion
関西学院大学の論文
1984-09-30