Watkins v. Sowders – not constitutionally required to conduct a hearing whether witness identified D correctly outside the presence of the jury
trend to move the docket by waiting until trial to deal with issue instead of hearing pretrial
but if done pretrial, D and P can possibly plea bargain; delaying to trial might lose negotiation
14A DP not compel it to be outside of jury’s presence
Confessions
must give Miranda rights if in police custody, otherwise admissions made by D can’t be used
only on issue of guilt or innocence
confessions can still be used to impeach the D if they take the stand (Harris v. NY); jury given limiting instructions to just used for impeachment, but come on …