New York Law (NYLE) Practice Exam

Which type of identification is inadmissible evidence in a criminal trial if it is unduly suggestive?

1. A photo array with a known suspect

2. A live lineup

3. A show-up identification

4. A composite sketch

The correct answer is: A photo array with a known suspect

The correct answer highlights the principle that identification procedures in criminal trials must adhere to standards that protect against wrongful convictions due to undue suggestiveness. A photo array featuring a known suspect can be deemed inadmissible if it is conducted in a way that unfairly guides the witness towards identifying that particular individual, as it can influence the witness's memory and perception. In criminal law, identification methods like photo arrays, live lineups, and show-ups must not be unduly suggestive to ensure the reliability of the witness's identification. If the procedure used is sufficiently flawed, as in the case of a photo array where the suspect is made overly prominent, any identification made during that process may be deemed unreliable and thus inadmissible in court. In comparison, a live lineup and a show-up identification, while they also need to avoid suggestiveness, can sometimes still be admissible depending on the totality of circumstances surrounding the identification. Composite sketches generally do not fall under the same scrutiny regarding suggestiveness as they are not direct identification procedures involving specific individuals. Thus, in the context of suggestiveness and admissibility, the reasoning leads to identifying the photo array with a known suspect as the right answer.