What is the remedy for an unconstitutional identification in court?

The remedy for an unconstitutional identification in court is the exclusion of the in-court identification. This is based on the principle that identification procedures must comply with due process requirements. If an identification is proven to be tainted by an improper process, such as suggestive police conduct during a lineup or photo array, it may lead to a substantial likelihood of irreparable misidentification, violating the defendant's right to a fair trial.

In such situations, courts typically exclude any in-court identification testimony that is based on the unlawful pretrial identification. The rationale is that allowing this testimony would undermine the fairness and integrity of the judicial process. Instead of retracting the witness's identification or conducting a new lineup, the established legal framework prioritizes maintaining the reliability of evidence presented in court. Dismissing the case outright would be an overly drastic measure and is not a standard remedy for issues related to identification procedures. Thus, maintaining the integrity of the judicial process justifies the exclusion of evidence derived from an unconstitutional identification.