Can a police officer or prosecutor who conduct identification procedures for a witness in a sexual assault case mislead the witness to identify the accused?
"New York", United States of America
The following excerpt is from People v. Marshall, 2015 N.Y. Slip Op. 09313, 25 N.Y.S.3d 58, 26 N.Y.3d 495, 45 N.E.3d 954 (N.Y. 2015):
[p]ersons who conduct the identification procedure may suggest, intentionally or unintentionally, that they expect the witness to identify the accused. Such a suggestion, coming from a police officer or prosecutor, can lead a witness to make a mistaken identification. The witness then will be predisposed to adhere to this identification in subsequent
[45 N.E.3d 960]
testimony at trial (Moore v. Illinois, 434 U.S. 220, 224225, 98 S.Ct. 458, 54 L.Ed.2d 424 [1977] ).
[45 N.E.3d 960]
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