Criminal Procedure Flashcards
What is the test for determining the admissibility of a pre- or post-indictment lineup identification?
A defendant has a due process right pursuant to the Fifth Amendment (for federal prosecutions) and the Fourteenth Amendment (for state prosecutions) with regard to a witness’s identification based on an identification procedure arranged by the police that was impermissibly suggestive.
Courts use a two-prong test to determine the admissibility of a pre- or post-indictment lineup identification: (i) the defendant must prove that the identification procedure was impermissibly suggestive, and (ii) the defendant must prove that there was a substantial likelihood of misidentification. In order to have the identification admitted, the prosecution can offer evidence that the identification was nonetheless reliable.
In making its ruling, the court considers the following factors: the witness’s opportunity to view the defendant at the time of the crime; the witness’s degree of attention at the time of the crime; the accuracy of the witness’s description of the defendant prior to the identification; the level of certainty at the time of the identification; and the length of time between the crime and the identification.
