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An Alleged Victim Has Made an Identification of a Defendant

Question 21

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An alleged victim has made an identification of a defendant at a pretrial lineup and is prepared to testify at trial that she recognized the defendant during the lineup. During the lineup, a police officer told her that the police thought it was the man later identified by the woman. She was not sure of her identification until the officer told her which man in the lineup was the guilty party. At trial, her testimony identifying the defendant should be:


A) excluded because its prejudicial value outweighs the probative value of the victim's identification of the defendant.
B) included because the victim's identification of the defendant at the pretrial lineup would not have happened if the defendant had not committed the crime.
C) admitted against the defendant because such evidence is challenged based on irrelevancy or immateriality rather than on constitutional grounds.
D) such evidence is admissible at the trial if the identification was made at the lineup regardless of the circumstances.

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