When may identification procedures be unduly suggestive?

When may identification procedures be unduly suggestive?

• A. If the procedure is unnecessarily suggestive and reliability is ignored.
• B. If the procedure is performed by a private citizen.
• C. If the procedure is unduly suggestive and reliability is considered.
• D. If the procedure is conducted without witnesses.

Answer: (C)

Eyewitness identifications are vulnerable to error when the procedure itself pushes the witness toward selecting a particular person. If a lineup or show-up is arranged in a way that reasonably creates a strong bias or pressure on the witness, it can be unduly suggestive. The law then applies a reliability check, weighing the identification against the totality of the circumstances (opportunity to view, duration, attention, accuracy, degree of certainty, etc.). So identification procedures may be unduly suggestive when the procedure is biased or pressure-filled, and reliability is considered to determine whether the resulting identification is trustworthy. The other factors listed don’t in themselves render a procedure unduly suggestive; the critical point is the combination of a biased procedure with a subsequent reliability assessment.

Eyewitness identifications are vulnerable to error when the procedure itself pushes the witness toward selecting a particular person. If a lineup or show-up is arranged in a way that reasonably creates a strong bias or pressure on the witness, it can be unduly suggestive. The law then applies a reliability check, weighing the identification against the totality of the circumstances (opportunity to view, duration, attention, accuracy, degree of certainty, etc.). So identification procedures may be unduly suggestive when the procedure is biased or pressure-filled, and reliability is considered to determine whether the resulting identification is trustworthy. The other factors listed don’t in themselves render a procedure unduly suggestive; the critical point is the combination of a biased procedure with a subsequent reliability assessment.