New York Law (NYLE) Practice Exam

The standard of review for determining whether police identification procedures were suggestive is assessed in which type of hearing?

1. Sandoval hearing

2. Mapp hearing

3. Huntley hearing

4. Wade hearing

The correct answer is: Wade hearing

The standard of review for determining whether police identification procedures were suggestive is assessed during a Wade hearing. This type of hearing specifically focuses on the admissibility of eyewitness identification evidence. The term "Wade" comes from the precedent set in the case of United States v. Wade, where it was established that if the identification procedures used by law enforcement were overly suggestive, they could violate a defendant's right to a fair trial. During a Wade hearing, the court evaluates the circumstances surrounding the identification process, including factors such as the manner in which witnesses were shown photographs or lineups, and whether the police emphasized certain features of the suspect. If the court finds the procedures to be suggestive, it may rule that the identification is inadmissible, thereby safeguarding the integrity of the judicial process. Other types of hearings mentioned relate to different aspects of criminal procedure: Sandoval hearings deal with the admissibility of evidence regarding a defendant’s prior convictions for impeachment purposes; Mapp hearings address the legality of search and seizure; and Huntley hearings focus on the admissibility of confessions or statements made by the defendant. Thus, the Wade hearing is distinctly concerned with identification techniques and their potential influence on witnesses.