Suggestive Identifications: The Supreme Court's Due Process Test Fails to Meet Its Own Criteria

There are perhaps few procedures in our system of criminal justice more inexact than eyewitness identification of criminal suspects. This is due in large measure to the many subtle psychological influences that affect any person's ability to observe, retain, and recollect events, particularly when stress is present. The author discusses the current constitutional standard for the admissibility of eyewitness identifications and examines whether this test serves the interests it purports to uphold. After discussing the impact of psychological factors and suggestive police practices, the author offers some guidelines for more consistent application of the existing test.