Identifications

Question 1

When does Due Process standard apply to identification

Answer 1

Due process standard applies to all types of identifications at all states of the investigatory and prosecutorial process

Question 2

What is due process standard for identifications?

Answer 2

If a D can prove that an identification procedure used by the government was so unnecessarily suggestive that it created an irreparable risk of mistaken identification the procedure violates the DPC and the prosecution cannot use the ID at trial

Question 3

How to establish whether due process standard is breached

Answer 3

Due process test is focused on reliability, which requires that D prove both
1. that the police procedures used were unnecessarily suggestive
2. that the suggestiveness produced an unreliable identification

Question 4

What are factors indicating whether an identification is reliable?

Answer 4

1. the witness’s opportunity to view the criminal at the scene
2. the witness’s degree of attention
3. the accuracy of the witness’s description
4. the degree of certainty of the witness
5. the time interval between the crime and the identification

Question 5

Can in-court ID of D by same witness ever be admissible if out-of-court ID is violative of Due Process

Answer 5

When an out-of-court ID is excluded because it violates due process, a subsequent in-court ID by the same witness will almost always be excluded as fruit of the poisonous tree