Under the Due Process Test, the Witness May Not Testify

question 16

Multiple Choice

Under the due process test, the witness may not testify at trial that he or she identified the defendant prior to trial if the judge determines:

• A) That the defendant's Sixth Amendment right to counsel has been violated
• B) That there is a substantial likelihood of irreparable misidentification
• C) That there is any likelihood of irreparable misidentification
• D) That the identification was influenced by suggestiveness