What is the likelihood of misidentification in a criminal case?
MultiRegion, United States of America
The following excerpt is from U.S. ex rel. Lucas v. Regan, 503 F.2d 1 (2nd Cir. 1974):
'The factors to be considered in evaluating the likelihood of misidentification include the opportunity of the witness to view the criminal at the time of the crime, the witness' degree of attention, the accuracy of the witness' prior description of the criminal, the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and the confrontation.' Neil v. Biggers, supra, 409 U.S. at 199, 93 S.Ct. at 382.
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