Identify the two steps in the totality of circumstances due process test of admissibility of eyewitness identification created by the U.S. Supreme Court. Identify and describe the five circumstances in the totality of circumstances due process test you identified
What will be an ideal response?
The U.S. Supreme Court test for determining whether a particular identification
procedure has violated due process requires that the defendant prove by a
preponderance of the evidence the following:
(1) The identification procedure was unnecessarily and impermissibly suggestive.
(2) The totality of circumstances proves that these procedures created a very
substantial likelihood of misidentification.
Five circumstances (factors) make up the "totality of circumstances" under the due
process test:
(1) Witness's opportunity to view defendants at the time of the crime.
(2) Witness's degree of attention at the time of the crime.
(3) Witness's accuracy of description of defendants before the identification.
(4) Witness's level of certainty when identifying defendants at the identification.
(5) The length of time between the crime and the identification procedure.
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What will be an ideal response?
The formula for crime rates is
Courts have held that conditions of probation may infringe a probationer's constitutional rights, including the First Amendment rights of free speech and association
Indicate whether the statement is true or false
Rebellion gangs are social dropouts and double losers often found in organized communities.
Answer the following statement(s) true (T) or false (F)