11-17-08 Notes_on_pretrial_EyeDees

11-17-08 Notes_on_pretrial_EyeDees - M iscellaneous Notes...

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Miscellaneous Notes on Pretrial Identifications [EyeDees] The federal pretrial identification Rule has some interesting and important features: 1. The Rule may appear to be a rule concerning the identification of a defendant in a criminal case . And that is the context in which the federal pretrial EyeDee rule is normally applied. Furthermore, the rule may appear to be a rule concerning the identification perpetrator of a crime . However, nothing in the Rule limits the application of the Rule to criminal cases. Furthermore, nothing in the rule limits the admissibility of pretrial EyeDees to pretrial EyeDees of an accused . The rule refers to an identification of a "person." Thus, the Rule would seem to allow evidence of a pretrial identification of the driver of a car in a civil negligence case. More generally, the rule should be applicable in civil actions for battery, negligence, and the like, where the identity of the defendant is in question and some sort of a pretrial identification has been made.
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