With regard to eyewitness identification procedures, due process requirements of fairness require that

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Due process requires that eyewitness identification procedures be fair and free from suggestiveness, as suggestiveness can lead to inaccurate identifications. The other options are not necessarily required for due process. While a defendant's attorney may be present during identification procedures, it is not always necessary. It is also not required that identifications be used during trial or that there be a justification for any level of suggestiveness in the identification procedure.

With Regard to Eyewitness Identification Procedures, Due Process Requirements of Fairness