Exam 14: Pretrial Visual Identification Procedures
Exam 1: Individual Rights Under the United States Constitution60 Questions
Exam 2: Criminal Courts, Pretrial Processes, and the Exclusionary Rule60 Questions
Exam 3: Basic Underlying Concepts: Property, Privacy, Probable Cause, and Reasonableness60 Questions
Exam 4: Criminal Investigatory Search Warrants60 Questions
Exam 5: Searches for Electronically Stored Information and Electronic Surveillance60 Questions
Exam 6: Administrative and Special Needs Searches60 Questions
Exam 7: Arrests, Searches Incident to Arrest, and Protective Sweeps60 Questions
Exam 8: Stops and Frisks60 Questions
Exam 9: Consent Searches60 Questions
Exam 10: The Plain View Doctrine and Special Needs Searches60 Questions
Exam 11: Search and Seizure of Vehicles and Containers60 Questions
Exam 12: Open Fields and Abandoned Property60 Questions
Exam 13: Interrogations, Admissions, and Confessions60 Questions
Exam 14: Pretrial Visual Identification Procedures60 Questions
Exam 15: Criminal Trials, Appeals, and Postconviction Remedies60 Questions
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Give two examples that the courts have stated that may be prejudicial when presenting a photo array to a victim of a crime.
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(Essay)
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Correct Answer:
1. The use of a photo array that includes only one suspect who matches the general description given by the victim, while the other individuals in the array do not closely resemble the suspect. This can suggest to the victim that the police have already identified a suspect, leading to potential bias in their selection.
2. Presenting a photo array in a suggestive manner, such as by highlighting or drawing attention to a particular individual, or by making comments that could influence the victim's choice. This can lead to the victim feeling pressured to choose a certain individual, rather than making an unbiased identification based on their memory of the crime.
In the Wade-Gilbert cases, the Court extended the Sixth Amendment right to counsel to all pretrial identification procedures.
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(True/False)
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Correct Answer:
False
If police require a person in custody to appear in a lineup over his objection, there is _____.
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(Multiple Choice)
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Correct Answer:
A
Briefly explain what is meant by cross-racial identification bias.
(Short Answer)
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Police want to require a person who is not in custody to appear in a lineup. Which statement best describes the current state of the law with respect to this situation?
(Multiple Choice)
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The term confrontation does not include presentation of photos of suspects to victims.
(True/False)
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Briefly discuss the problems that may be associated with multiple line-ups or photo arrays.
(Essay)
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The right to counsel guaranteed by the Wade-Gilbert cases does not apply at the outset of a criminal investigation, instead, the right must "attach" when a "triggering event" occurs.
(True/False)
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Name three of the five factors in Neil v. Biggers, 1972, that the court stated should be considered in evaluating the likelihood of misidentification.
(Short Answer)
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Foils should be chosen for their dissimilarity to the witness's description of the perpetrator, with the suspect standing out from the foils.
(True/False)
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Explain why the presence of counsel is required at a pretrial confrontation with witnesses conducted after the initiation of adversary judicial proceedings.
(Essay)
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How are the courts likely to handle instances where a criminal defendant shows that a police identification procedure was suggestive?
(Multiple Choice)
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An officer conducting a lineup should allow the defense attorney at the lineup to do all but which of the following?
(Multiple Choice)
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In which of the following circumstances would it be appropriate to use a showup identification?
(Multiple Choice)
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Perception and memory function optimally when there is only a moderate amount of stress, a principle referred to as the __________ law.
(Short Answer)
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Select the true statement about the proper procedures for conducting a lineup.
(Multiple Choice)
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The Supreme Court held in Stovall v. Denno (1967) that due process forbids any pretrial identification procedure that is unnecessarily suggestive and conducive to __________ mistaken identification.
(Short Answer)
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