Exam 9: Identification Procedures

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Eyewitness identifications are almost always rejected by the courts.

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Identify the two steps in the totality of circumstances due process test of admissibility of eyewitness identification created by SCOTUS. Identify and describe the five circumstances in the totality of circumstances due process test that you identified.

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The SCOTUS 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 the 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

A person running an identification procedure who does not know the suspect is called a(n)_______________ _______________.

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Identification of a single suspect by a witness is called:

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Forensic science has almost no shortcomings.

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In State v. Long (1986), the Court ruled that trial courts have to give jurors what type of instruction, explaining the weaknesses of eyewitness identification evidence?

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The composition of the lineup and the _______________ given prior to the lineup influence identifications.

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Discuss the importance of pre-lineup instructions for identification procedures using lineups.

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Examine the reforms that legal experts suggest courts can implement to improve eyewitness identification reliability.

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The case of Manson v. Braithwaite (1977)addressed issues related to what type of eyewitness identification?

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Best guesses indicate that eyewitness misidentifications account for what percentage of wrongful convictions of persons eventually exonerated by DNA?

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Research shows that jurors:

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An identification procedure in which a witness is shown multiple photographs is called a(n)_______________ _______________.

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Over time, memory:

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To exclude identification evidence on due process grounds, defendants have to prove (by a preponderance of the evidence)that the totality of the circumstances shows the identification procedure to have been unnecessarily suggestive and that this unnecessarily suggestive procedure created:

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Which of the following is not of one Wisconsin's recommendations for improving police lineups?

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Suggestion is particularly powerful during the retention phase of memory.

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Suggestive lineups:

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Discuss what psychologists know about the confidence eyewitnesses have in their identifications and how that confidence will impact a case.

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What type of research consists of analysis of real procedures used in actual criminal cases?

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