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How Criminal Lawyers in Albuquerque Can Help With Due Process Protection
20 Jul 2015

How Criminal Lawyers in Albuquerque Can Help With Due Process Protection

If you or a loved one needs representation or more information on due process protection, our criminal lawyers in Albuquerque may be able to help. In order to protect people, the Supreme Court established a rule that a government identification procedure is in violation of due process when it is unnecessarily suggestive and creates a risk of misidentification. The first part of the due process standard is a requirement that makes the court ask whether the procedure was suggestive as well as whether the government had a reason or justification for its failure to use a less suggestive identification procedure. The second part of this due process protection standard is whether the procedure was actually conducive to misidentification. The second part of the standard also asks whether the procedure gave rise to such a serious likelihood of misidentification that it would be a denial of due process if the identification were admitted. Under the law of some states, even if an identification procedure is proven to be unduly suggestive, the government is given another opportunity to admit both the out-of-court and in-court identifications if it can prove that the identification was reliable even though the procedure was suggestive. The court is required to examine the opportunity of the witness to get a view of the perpetrator of the crime. The court is also required to examine the witness’s degree of attention, the accuracy of the witness’s description, and the level of certainty demonstrated at the actual confrontation. The court must also examine the time that passed between the crime and the confrontation. Then the court must carefully weigh the corrupting effect of the suggestive identification. The law in this area has been changing due to the number of exonerations which have included misidentifications. Even if there is an apparently accurate identification in your case, it may nonetheless be successfully challenged.

Contact Criminal Lawyers in Albuquerque

For representation or more information on how criminal lawyers in Albuquerque can help you, contact Twohig Law Firm at (505) 898-0400.

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