Which is NOT a factor in determining admissibility of an ID?

Which is NOT a factor in determining admissibility of an ID?

• A. The degree of witness attention
• B. The time span between crime and confrontation
• C. The suspect's prior criminal history
• D. The accuracy of any prior description

Answer: (C)

Eyewitness identifications are judged by how reliable the identification process was. The judge looks at factors that affect memory and recognition: how focused the witness was during the crime, how much time passed between the crime and the identification, and how accurately the witness described the suspect before the identification. If a witness was paying close attention, the confrontation happened soon after the crime, and the prior description matched well, the identification is considered more reliable and more likely to be admissible. The suspect’s prior criminal history does not influence the reliability of the identification itself. It relates to the defendant’s character, not to whether the witness’s ID of the suspect was accurate. Including prior criminal history as part of admitting the ID could unfairly bias the jury, so it isn’t used to determine admissibility of the identification.

Eyewitness identifications are judged by how reliable the identification process was. The judge looks at factors that affect memory and recognition: how focused the witness was during the crime, how much time passed between the crime and the identification, and how accurately the witness described the suspect before the identification. If a witness was paying close attention, the confrontation happened soon after the crime, and the prior description matched well, the identification is considered more reliable and more likely to be admissible.

The suspect’s prior criminal history does not influence the reliability of the identification itself. It relates to the defendant’s character, not to whether the witness’s ID of the suspect was accurate. Including prior criminal history as part of admitting the ID could unfairly bias the jury, so it isn’t used to determine admissibility of the identification.