Exam 9: Plain View, Open Fields, Abandonment, and Border Searches

According to the Supreme Court, identification evidence is automatically inadmissible if the identification procedure was unnecessarily suggestive.

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(True/False)

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Question 1

Correct Answer:

Verified

False

There is consensus today that it is possible to use DNA testing to determine whether a biological tissue matches a suspect with near certainty.

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(True/False)

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Question 2

Correct Answer:

Verified

True

Identify the two steps in the totality of circumstances due process test of admissibility of eyewitness identification created by the U.S. Supreme Court. Identify and describe the five circumstances in the totality of circumstances due process test you identified.

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(Essay)

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Question 3

Correct Answer:

Verified

The U.S. Supreme Court test for determining whether a particular identification procedure has violated due process requires that the defendant prove by a preponderance of the evidence the following: (1) The identification procedure was unnecessarily and impermissibly suggestive. (2) The totality of circumstances proves that these procedures created a very substantial likelihood of misidentification.
Five circumstances (factors) make up the "totality of circumstances" under the due process test: (1) Witness's opportunity to view defendants at the time of the crime. (2) Witness's degree of attention at the time of the crime. (3) Witness's accuracy of description of defendants before the identification. (4) Witness's level of certainty when identifying defendants at the identification. (5) The length of time between the crime and the identification procedure.

According to the Supreme Court:

(Multiple Choice)

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Question 4

Identification of a single suspect by a witness is called:

(Multiple Choice)

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Question 5

The Supreme Court has ruled that there is a constitutional right of access to forensic evidence.

(True/False)

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Question 6

Research indicates that 50% of defendants exonerated by DNA are cases involving mistaken eyewitness identification.

(True/False)

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Question 7

The reliability of lineups depends in part on making sure there are enough people in them and that the people in the lineups share similar characteristics.

(True/False)

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Question 8

Which of the following are major procedures used by the police to help eyewitnesses identify suspects? I. a confrontation II. photo identification III. a lineup IV. a show-up

(Multiple Choice)

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Question 9

In order to exclude identification evidence on due process grounds, defendants must prove the identification procedure was unnecessarily suggestive and created a substantial likelihood of misidentification

(Multiple Choice)

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Question 10

Discuss what psychologists know about the confidence an eyewitness has in his or her identification and how that confidence will impact a case?

(Essay)

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Question 11

In Manson v. Braithwaite (1977), for determining the admissibility of witness identification, the majority of the Supreme Court endorsed what became known as the:

(Multiple Choice)

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Question 12

Psychological research shows that when the person administering an identification procedure somehow confirms the witness's pick, the comments:

(Multiple Choice)

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Question 13

The main reasons for misidentification include: I. the brain does not record accurately what the eye sees. II. the police may use improper suggestive identification measures. III. memory loss between the original event and the identification procedure. IV. faulty recall

(Multiple Choice)

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Question 14

A procedure used for the identification of suspects in a crime whereby a suspect is presented by himself alone to a witness for possible identification is known as a/an ______________.

(Short Answer)

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Question 15

The test used to determine whether an identification was reliable, even if unnecessarily suggestive, is the test.

(Short Answer)

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Question 16

One of the most important criminal law issues today is whether the Constitution establishes:

(Multiple Choice)

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Question 17

The time when a person recalls stored information about an event in order to identify a person who was involve din the event is called ___________:

(Multiple Choice)

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Question 18

According to the Supreme Court opinion in Manson v. Braithwaite (1977), involving identifying a man from a single photograph whom the identifier had seen only once in poor light for several minutes:

(Multiple Choice)

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Question 19

______________ refers to the perception of an event when information is first entered into a person's memory.

(Multiple Choice)

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Question 20

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According to the Supreme Court, identification evidence is automatically inadmissible if the identification procedure was unnecessarily suggestive.

There is consensus today that it is possible to use DNA testing to determine whether a biological tissue matches a suspect with near certainty.

Identify the two steps in the totality of circumstances due process test of admissibility of eyewitness identification created by the U.S. Supreme Court. Identify and describe the five circumstances in the totality of circumstances due process test you identified.

According to the Supreme Court:

Identification of a single suspect by a witness is called:

The Supreme Court has ruled that there is a constitutional right of access to forensic evidence.

Research indicates that 50% of defendants exonerated by DNA are cases involving mistaken eyewitness identification.

The reliability of lineups depends in part on making sure there are enough people in them and that the people in the lineups share similar characteristics.

Which of the following are major procedures used by the police to help eyewitnesses identify suspects? I. a confrontation II. photo identification III. a lineup IV. a show-up

In order to exclude identification evidence on due process grounds, defendants must prove the identification procedure was unnecessarily suggestive and created a substantial likelihood of misidentification

Discuss what psychologists know about the confidence an eyewitness has in his or her identification and how that confidence will impact a case?

In Manson v. Braithwaite (1977), for determining the admissibility of witness identification, the majority of the Supreme Court endorsed what became known as the:

Psychological research shows that when the person administering an identification procedure somehow confirms the witness's pick, the comments:

The main reasons for misidentification include: I. the brain does not record accurately what the eye sees. II. the police may use improper suggestive identification measures. III. memory loss between the original event and the identification procedure. IV. faulty recall

A procedure used for the identification of suspects in a crime whereby a suspect is presented by himself alone to a witness for possible identification is known as a/an ______________.

The test used to determine whether an identification was reliable, even if unnecessarily suggestive, is the test.

One of the most important criminal law issues today is whether the Constitution establishes:

The time when a person recalls stored information about an event in order to identify a person who was involve din the event is called ___________:

According to the Supreme Court opinion in Manson v. Braithwaite (1977), involving identifying a man from a single photograph whom the identifier had seen only once in poor light for several minutes:

______________ refers to the perception of an event when information is first entered into a person's memory.

The Court System, Sources of Rights, and Fundamental Principles

Overview of the Criminal Justice Process

Probable Cause and Reasonable Suspicion

The Exclusionary Rule

Stop and Frisk and Stationhouse Detention

Arrests and Use of Force

Searches and Seizures of Things

Motor Vehicle Stops, Searches, and Inventories

Lineups and Other Means of Pretrial Identification

Confessions and Admissions: Miranda V Arizona

Basic Constitutional Rights of the Accused During Trial

Sentencing, the Death Penalty, and Other Forms of Punishment

Legal Liabilities of Law Enforcement Officers

Electronic Surveillance and the War on Terror

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