Legal Question in Criminal Law in New Jersey

Identification factors

What are 5 factors courts consider when identification is challenged under due process?


Asked on 12/10/06, 12:45 pm

2 Answers from Attorneys

Gary Moore Gary Moore Attorney At Law

Re: Identification factors

It is not like baking a cake. The law is what you see in it. There are as many factors as relate to whether an identification is flawed by

overly suggestive influences.

The real problem is that eye witness identifications are highly subject to error. For example a person walking up the street bumps into a stranger and turns with great annoyance and looks at the stranger fully in the face then encounters another person a short distance up the street who robs him at gun point will probably put the face of the first person on the body of the second person because he focused almost entirely on the threatening gun pointed at him.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

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Answered on 12/10/06, 1:17 pm
Jef Henninger, Esq Law Offices of Jef Henninger, Esq.

Re: Identification factors

Why does this sounds like homework? How would you know there are 5 factors but not know what they are?

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Answered on 12/10/06, 6:50 pm


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