In order to exclude identification evidence on due process grounds, defendants must prove that the identification procedure was unnecessarily suggestive and created a substantial likelihood of misidentification:

Question

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The correct standard for a defendant to exclude identification evidence on due process grounds is "by a preponderance of the evidence." This means the defendant must show that it is more likely than not that the identification procedure was unnecessarily suggestive and created a substantial likelihood of misidentification.

In Order to Exclude Identification Evidence on Due Process Grounds