What is the remedy for a pretrial identification violation under due process?

• A. Exclusion of in-court identification.
• B. Admission of in-court identification.
• C. Reversal of charges.
• D. Continuance for further proceedings.

Answer: (A)

When a pretrial identification procedure like a lineup or show-up is unnecessarily suggestive and creates a substantial risk of misidentification, it violates due process. The remedy is to suppress the identification at trial to prevent unreliable evidence from influencing the verdict. In practice, this means excluding the in-court identification unless there is an independent source for it that did not come from the tainted pretrial procedure. This protection focuses on preventing the tainted identification from leading to conviction. Other options, such as reversing charges or delaying proceedings, don’t fix the constitutional defect in the identification itself.