MCOLES State Licensing Practice Exam

True or False. An in-court identification may be permissible.

1. True

2. False

3. Only with corroborating evidence

4. It depends on the case

The correct answer is: True

An in-court identification can be permissible under certain circumstances, which is why the statement is true. This type of identification occurs when a witness identifies a defendant in the courtroom as the person they observed committing the crime. The admissibility of such identifications largely hinges on factors such as the reliability of the witness's memory and the procedures used by law enforcement prior to the court appearance. When a witness has had a clear and unobstructed opportunity to observe the perpetrator at the time of the crime and if the identification procedure followed was fair, there can be a strong basis for the identification to be accepted in court. Courts also consider whether there was any undue suggestiveness involved in prior identification procedures, like lineups or photo arrays. The context surrounding an identification, including how it was made and the witness's level of confidence, also plays a critical role in determining its admissibility. Thus, an in-court identification is indeed permissible, aligning with legal standards that ensure the integrity of witness testimonies while also safeguarding the rights of the accused.