In criminal law, a “show-up” is the process through which a witness and a suspect are together face-to-face for the purpose of the witness’s ability to identify whether the suspect indeed committed the crime. A “Show-Up” identification is by its very nature suggestive, as opposed to a line-up identification in which a victim or witness has the opportunity to choose from a group of 6 individuals. Therefore rules are in place that govern how and when a show-up can be employed. In a recent case before a New York court, the defendant argued that the show-up in his case was overly suggestive and therefore unfair. The court reviewed the defendant’s appeal and ultimately disagreed with his argument, affirming his original robbery conviction in the process.
Case Law Around Show-Ups
According to New York case law, courts generally prefer procedures other than show-ups, given that it can be suggestive for a witness to make an identification while face to face with a suspect. However, if there are emergency circumstances, a show-up is permissible. The show-up is also permissible if the witness can view the suspect close to where the crime occurred and close to the time at which the crime occurred.
A June 2024 Case
In the June 2024 case, the defendant argued his show-up was prejudicial. In this case, police officers responded to a robbery committed by two individuals. One individual immediately fled to a nearby house, and officers found and arrested him immediately. In looking for the second individual, the officers drove a witness through the neighborhood to see if he could make any kind of identification. Eventually, the officers and the witness returned to the house, where additional officers had apprehended a second suspect. Upon seeing the second suspect, the witness immediately identified him as the person who committed the robbery. Officers then arrested and charged the defendant with robbery.