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On Suggestive and Necessary Identification Procedures


Ofer Raban


University of Oregon - School of Law

August 4, 2009

American Journal of Criminal Law, Vol. 37, 2009

Abstract:     
Despite the paramount importance of identification evidence in criminal trials, Supreme Court precedents on the subject have been confusing and confused. The result is widespread misapplication of proper constitutional doctrine: lower courts habitually admit evidence of suggestive identification procedures if they find such procedures to have been ‘necessitated’ by circumstances on the ground. Such reasoning misinterprets the governing Supreme Court cases and, in any event, makes little sense. Whether necessary or not, evidence of suggestive identification procedures, and any consequent in-court identifications, must be excluded from trial unless supported by sufficient indicia of reliability.

Number of Pages in PDF File: 16

Keywords: criminal procedure, due process, identification procedures, suggestive identification procedures, admissibility

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Date posted: August 4, 2009 ; Last revised: March 24, 2010

Suggested Citation

Raban, Ofer, On Suggestive and Necessary Identification Procedures (August 4, 2009). American Journal of Criminal Law, Vol. 37, 2009. Available at SSRN: http://ssrn.com/abstract=1443621

Contact Information

Ofer Raban (Contact Author)
University of Oregon - School of Law ( email )
1515 Agate Street
Eugene, OR 97403
United States
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