Why should photographic identification procedures not be used first when a subsequent physical lineup is contemplated?

In New Work v. Queries, the Court said, “We think police officers can and will distinguish almost instinctively between questions necessary to secure their own safety or the safety of the public and questions designed solely to elicit testimonial evidence from a suspect.” Do you agree or disagree with this statement? Describe three situations in which the distinction might not be so easy for a police officer to make.

Chapter 14

2.What are some of the factors that affect perception in the “normal” human adult who is free from any physical perceptual impairments? How might these factors affecting perception interfere with the accuracy of an eyewitness identification?

3.Why should photographic identification procedures not be used first when a subsequent physical lineup is contemplated?

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