Exam 14: Pretrial Visual Identification Procedures

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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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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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If police require a person in custody to appear in a lineup over his objection, there is _____.

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Briefly explain what is meant by cross-racial identification bias.

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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?

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Describe the differences between a lineup and a showup.

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The term confrontation does not include presentation of photos of suspects to victims.

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Briefly discuss the problems that may be associated with multiple line-ups or photo arrays.

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Describe what is meant by sensory overload.

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Persons in a lineup may _____.

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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.

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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.

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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.

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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.

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How are the courts likely to handle instances where a criminal defendant shows that a police identification procedure was suggestive?

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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?

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In which of the following circumstances would it be appropriate to use a showup identification?

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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.

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Select the true statement about the proper procedures for conducting a lineup.

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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.

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