Author Question: Timothy Flanagan finds similarly inconsistent results. He argues that inmates' age at commitment, ... (Read 106 times)

berenicecastro · **on:** Aug 13, 2018

Timothy Flanagan finds similarly inconsistent results. He argues that inmates' age at commitment, history of drug use, and current incarceration offense are most predictive of general __________rates.

Fill in the blank(s) with correct word

Question 2

Identify the two steps in the totality of circumstances due process test of admissibility of eyewitness identification created by SCOTUS. Identify and describe the five circumstances in the totality of circumstances due process test that you identified.

What will be an ideal response?

wfdfwc23 · **Reply #1 on:** Aug 13, 2018

Answer to Question 1

misconduct

Answer to Question 2

The SCOTUS test for determining whether a particular identification procedure has violated due process requires that the defendant prove by a preponderance of the evidence the following:

(1) The identification procedure was unnecessarily and impermissibly suggestive.

(2) The totality of circumstances proves that the procedures created a very substantial likelihood of misidentification.

Five circumstances (factors) make up the totality of circumstances under the due process test:

(1) witness's opportunity to view defendants at the time of the crime

(2) witness's degree of attention at the time of the crime

(3) witness's accuracy of description of defendants before the identification

(4) witness's level of certainty when identifying defendants at the identification

(5) the length of time between the crime and the identification procedure