Pretrial Identification
From Criminal Defense Wiki
Background
Key Cases
- United States
- Neil v. Biggers, 409 U. S. 188 (1972) - In Neil v. Biggers, the US Supreme Court provided the defendant with a mechanism to challenge a pre-trial identification by requesting a hearing on the validity of the identification.
The two-pronged test asks:
- 1) whether the identification procedure was suggestive, and
- 2) if it was suggestive, whether there were indicia of reliability such that the witness's testimony should still be admissible even if the procedure was suggestive.
