Under the due process test, the defendant must prove by a preponderance of the evidence that the procedure used in an identification was suggestive.

Name: Under the due process test, the defendant must prove by a preponderance of the evidence that the procedure used in an identification was suggestive.
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Under the due process test, the prosecution must prove by clear and convincing evidence that the identification procedure was not suggestive.

Under the Due Process Test, the Defendant Must Prove by a Preponderance