Saturday, November 5, 2011
Should the woman's in-court identification be allowed as evidence? Why or why not?
A young man robbed a woman in a woman's restroom at the Washington National Monument. During the robbery, the woman had a good opportunity to see the young man. The woman immediately reported the robbery and described the young man who robbed her. Three days later, a young man (Crews) was improperly and illegally detained. Photographs were taken of the young man, and a photographic display was shown to the woman. She immediately identified Crews as the man who robber her at gunpoint. In a lineup, the woman again identified Crews as the robber. At the trial for armed robbery, the woman appeared as a witness and identified the defendant as the robber. Crews was convicted and appealed, arguing that the in-court identification was the fruit of the poisonous tree and should not to be used as evidence.
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