What is the test for determining whether a witness has witnessed a crime committed at the crime scene?
MultiRegion, United States of America
The following excerpt is from U.S. v. Crisp, 9 F.3d 1554 (9th Cir. 1993):
"the opportunity of the witness to [hear] the criminal at the time of the crime, the witness' degree of attention, the accuracy of the witness' prior description of the criminal['s voice], the level of certainty demonstrated by the witness at the confrontation, and the length of time between the crime and confrontation."
Duran, slip op. at 9792 (alterations in original) (quoting United States v. Carbajal, 956 F.2d 924, 929 (9th Cir.1992)).
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