When will the failure of the prosecution to hold a lineup be considered a factor in assessing the suggestiveness of the procedures used by the prosecution?
MultiRegion, United States of America
The following excerpt is from Jarrett v. Headley, 802 F.2d 34 (2nd Cir. 1986):
The failure of the prosecution to hold a lineup was also not a factor that should have been considered in assessing the suggestiveness of the procedures that were used. We have previously held that if the procedures actually used were not impermissibly suggestive, "it is immaterial whether any other or different procedures could have been pursued." Boyd v. Henderson, 555 F.2d at 59.
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