How do Georgia criminal defense attorneys challenge line-up procedures?
Lineup procedures used to obtain an identification in Georgia can be challenged where they were conducted in a manner that undermined the reliability of the result. Such challenges focus on whether a procedure was unduly suggestive and whether any resulting identification is reliable.
Suggestiveness is a central concern. A lineup that was conducted in a way that pointed a witness toward a particular person, such as through the composition of the lineup or the conduct of those administering it, can raise concerns. Whether a procedure was unduly suggestive is examined closely.
The reliability of the identification is assessed. Even where a procedure raised concerns, the analysis generally considers the reliability of the resulting identification under the totality of the circumstances, including factors such as the witness’s opportunity to view the perpetrator and the level of certainty shown. These factors bear on the weight of the identification.
The procedures themselves can be examined. How a lineup was composed, instructed, and administered can all affect its fairness, so the specific procedures used are a focus of examination. Deviations from sound practices, such as a lineup in which the accused stood out from the others, can support a challenge to the resulting identification.
Challenging a lineup generally focuses on whether the procedure was unduly suggestive and whether any resulting identification remains reliable. The suggestiveness of the procedure, the reliability factors under the totality of the circumstances, and the specific conduct of the lineup are the considerations on which such challenges rest.