Identify the Two Steps in the Totality of Circumstances Due

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Examlex · Accepted Answer

The Answer is The SCOTUS 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 the 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

Identify the Two Steps in the Totality of Circumstances Due

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