Final answer:
The courts consider the suggestiveness and reliability of a pre-trial identification when determining if it violates due process.
Step-by-step explanation:
When determining if a pre-trial identification violates due process, the courts consider several factors. First, they assess whether the identification procedure was unnecessarily suggestive. For example, if the suspect was the only one in a lineup who matched the description given by the witness, it may be considered suggestive.
Second, the courts look at the reliability of the identification. Factors such as the witness's level of certainty, the conditions under which the identification was made, and the amount of time between the crime and the identification are taken into account.
If the identification procedure is found to be both unnecessarily suggestive and unreliable, it may violate due process.