can one out of three witness that picks you out of a line up support a conviction if there only 70% sure?

Answer 1

Witnesses don't convict, a judge or a jury does. It's up to your lawyer or the investigator to interview this witness prior to your trial, if there is one.

Answer 2

It depends on what the jury believes.

The prosecutor is required to prove the identity of the defendant, along with all the other elements of the crime, beyond a reasonable doubt.

One would think that if the witness isn't sure of the identification, that automatically raise reasonable doubt. However, the witness ID is only one part of the equation, and the prosecutor may put on enough other evidence to convince the jury to the required degree.

Answer 3

A conviction had with the help of witnesses is one where the jury or the judge was sure about the defendant's guilt, anyway, and the witness, though not 100% sure about the defendant from a lineup, help nail that conviction with their testimony.

Answer 4

It depends upon how convincing the jury thinks that 70 % is. But with two other positive id's, I would be concerned if the third was 70 % sure it was you. Sounds like a slam dunk for the DA.

Answer 5

A witness alone won't put someone away 9 times out of 10, they need more evidence.

Answer 6

as stated people are in prison for less.

But when they pick someone out of a line up, they are suppose to be sure, not a percent sure. This means they have a doubt, and they can't say for sure, so in fact this is not a pick in a line up.

that persons attorney should eat that one alive.

Answer 7

depends on the rest of the evidence

Answer 8

a man i know is sitting in prison right now on less.

so i'd say yes.