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Simple English definitions for legal terms
Wade hearing
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A quick definition of Wade hearing:
A Wade hearing is a special court meeting that happens before a trial. During this hearing, the person accused of a crime can argue that the way they were identified by witnesses was not fair or legal. If the court agrees, the prosecution cannot use that identification as evidence in the trial. Instead, they must find other ways to prove that the accused person committed the crime.
A more thorough explanation:
A Wade hearing is a pretrial hearing in criminal law where the defendant challenges the validity of an out-of-court identification. For example, if a witness identifies the defendant in a lineup or in a photo array, the defendant may argue that the identification was tainted by unconstitutional methods, such as suggestive police procedures or witness coercion.
If the court finds that the identification was indeed tainted, the prosecution cannot use the identification as evidence in court. Instead, the prosecution must rely on other evidence to link the defendant to the crime.
The term "Wade hearing" comes from the landmark U.S. Supreme Court case United States v. Wade (1967), which established the right of a defendant to challenge the validity of an out-of-court identification.
For example, suppose a witness identifies the defendant as the perpetrator of a robbery during a police lineup. The defendant's lawyer may request a Wade hearing to challenge the validity of the identification. If the court finds that the lineup was conducted in a suggestive manner, the identification may be deemed invalid and cannot be used as evidence at trial.