Dec 1, 2025
Welcome back to the Law School Toolbox podcast! This episode continues the discussion on criminal identification procedures, focusing on potential due process violation issues. Through analyzing a hypothetical scenario, we illustrate how courts look at the totality of the circumstances and assess whether identification procedures are unnecessarily suggestive. The episode concludes with a step-by-step approach to tackling identification procedure questions on an exam.
In this episode we discuss:
- A question from the October 2020 California bar exam
- The various types of identification procedures
- How to consider the totality of the circumstances when determining potential due process violations
- An exam strategy for answering identification procedure questions
Resources:
- "Listen and Learn" series (https://lawschooltoolbox.com/law-school-toolbox-podcast-substantive-law-topics/#listen-learn)
- California Bar Examination – Essay Questions and Selected Answers, October 2020 (https://www.calbar.ca.gov/Portals/0/documents/admissions/Examinations/October-2020-Essay-Selected-Answers.pdf)
- Podcast Episode 290: Listen and Learn – Privilege Against Self-Incrimination and Miranda Rights (https://lawschooltoolbox.com/podcast-episode-290-listen-and-learn-privilege-against-self-incrimination-and-miranda-rights/)
- Podcast Episode 295: Listen and Learn – Due Process and Equal Protection (Con Law) (https://lawschooltoolbox.com/podcast-episode-295-listen-and-learn-due-process-and-equal-protection-con-law/)
- Podcast Episode 330: Listen and Learn – The Sixth Amendment (https://lawschooltoolbox.com/podcast-episode-330-listen-and-learn-the-sixth-amendment/)
- Podcast Episode 530: Listen and Learn – Criminal Procedure: Identifications (Part 1) (https://lawschooltoolbox.com/podcast-episode-530-listen-and-learn-criminal-procedure-identifications-part-1/)
- SpacedRepetition.com (https://spacedrepetition.com/)
Download the Transcript
(https://lawschooltoolbox.com/episode-532-listen-and-learn-criminal-procedure-identifications-part-2/)
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Thanks for listening!
Alison & Lee