To Exclude Identification Evidence on Due Process Grounds, Defendants Have

Multiple Choice

To exclude identification evidence on due process grounds, defendants have to prove (by a preponderance of the evidence) that the totality of the circumstances shows the identification procedure to have been unnecessarily suggestive and that this unnecessarily suggestive procedure created:

A) some slight likelihood of misidentification.
B) a very substantial likelihood of misidentification.
C) an almost guaranteed likelihood of misidentification.
D) harm to the defendant.