Under the due process test, the witness may not testify at trial that he or she identified the defendant prior to trial if the judge determines:

Name: Under the due process test, the witness may not testify at trial that he or she identified the defendant prior to trial if the judge determines:
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The due process test prohibits testimony about pre-trial identifications if there is a substantial likelihood of irreparable misidentification, as it would violate the defendant's right to a fair trial.

Under the Due Process Test, the Witness May Not Testify