Episode

532: Listen and Learn -- Criminal Procedure: Identifications (Part 2)

Podcast
The Law School Toolbox Podcast: Tools for Law Students from 1L to the Bar Exam, and Beyond
Published
Dec 1, 2025
Duration seconds
1005
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Summary

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-…