Section 10.13 Impermissible Suggestivity in Lineups

• Library: Criminal Practice 2012 Supp

6. (§10.13) Impermissible Suggestivity in Lineups

Missouri appellate courts assess the reliability of identification procedures under the totality of the circumstances and consider several factors, including the following:

· The opportunity of the witness to view the subject at the time of the crime

· The witness’s degree of attention

· The accuracy of the witness’s prior description of the criminal

· The level of certainty demonstrated by the witness at the confrontation

· The length of time between the crime and the confrontation

State v. Solomon,7 S.W.3d 421 (Mo. App. S.D. 1999); see also State v. Middleton, No. CR195-8F (Adair County Cir. Ct. Aug. 5, 1999), reh’g denied,995 S.W.2d 443 (Mo. banc 1999). Identification testimony is usually admissible because courts rely on the good sense and judgment of jurors for determining the trustworthiness of the identification. Id.

Police are not required to act as theatrical casting agents in setting up a jailhouse lineup. In Solomon,...