Section 10.26 Attacking the Identification Procedure

• Library: Criminal Practice 2012 Supp

G. (§10.26) Attacking the Identification Procedure

Reliability is the key in determining the validity of an identification. State v. Story, 646 S.W.2d 68 (Mo. banc 1983). To determine reliability, Missouri trial courts must look at the “totality of the circumstances” including:

the opportunity of the witness to view the criminal at the time of the offense;

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...