Due process implications related to identification
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BAR EXAM · FLASHCARDS
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QUESTION
What is the remedy for a post-charge lineup conducted without counsel?
QUESTION
Under Perry v. New Hampshire, when does the due process check on identification evidence apply?
QUESTION
Which factors determine the reliability of an identification made after a suggestive procedure?
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ANSWER
The witness's opportunity to view, degree of attention, accuracy of description, level of certainty, and time elapsed. These factors come from Neil v. Biggers and Manson v. Brathwaite.