532: Listen and Learn -- Criminal Procedure: Identifications (Part 2)

Welcome back to the Law School Toolbox podcast! This episode continues the discussion on criminal identification procedures, focusing on potential due process violation issues. Through analyzing a hypothetical scenario, we illustrate how courts look at the totality of the circumstances and assess whether identification procedures are unnecessarily suggestive. The episode concludes with a step-by-step approach to tackling identification procedure questions on an exam. In this episode we discuss: A question from the October 2020 California bar examThe various types of identification proceduresHow to consider the totality of the circumstances when determining potential due process violationsAn exam strategy for answering identification procedure questions Resources: "Listen and Learn" series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn)California Bar Examination – Essay Questions and Selected Answers, October 2020 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/October-2020-Essay-Selected-Answers.pdf) Podcast Episode 290: Listen and Learn – Privilege Against Self-Incrimination and Miranda Rights (https://lawschooltoolbox.com/podcast-episode-290-listen-and-learn-privilege-against-self-incrimination-and-miranda-rights/) Podcast Episode 295: Listen and Learn – Due Process and Equal Protection (Con Law) (https://lawschooltoolbox.com/podcast-episode-295-listen-and-learn-due-process-and-equal-protection-con-law/) Podcast Episode 330: Listen and Learn – The Sixth Amendment (https://lawschooltoolbox.com/podcast-episode-330-listen-and-learn-the-sixth-amendment/)Podcast Episode 530: Listen and Learn – Criminal Procedure: Identifications (Part 1) (https://lawschooltoolbox.com/podcast-episode-530-listen-and-learn-criminal-procedure-identifications-part-1/)SpacedRepetition.com (https://spacedrepetition.com/) Download the Transcript (https://lawschooltoolbox.com/episode-532-listen-and-learn-criminal-procedure-identifications-part-2/) If you enjoy the podcast, we'd love a nice review and/or rating on Apple Podcasts (https://itunes.apple.com/us/podcast/law-school-toolbox-podcast/id1027603976) or your favorite listening app. And feel free to reach out to us directly. You can always reach us via the contact form on the Law School Toolbox website (http://lawschooltoolbox.com/contact). If you're concerned about the bar exam, check out our sister site, the Bar Exam Toolbox (http://barexamtoolbox.com/). You can also sign up for our weekly podcast newsletter (https://lawschooltoolbox.com/get-law-school-podcast-updates/) to make sure you never miss an episode! Thanks for listening! Alison & Lee