Exam 16: Identification Procedures

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The Due Process standard for lineups and showups is the same.

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False

When deciding if a showup held prior to arrest satisfies Due Process, the judge will consider:

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A showup is a procedure where an eyewitness is shown the picture of a suspect prior to making an arrest.

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A photographic lineup consists of a group of pictures which the eyewitness is asked to look at and tell the officer if the suspect is in the group.

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A person who attended a lineup that was conducted in an unconstitutional manner may not testify at trial.

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The suspect can exercise his/her Fifth Amendment rights and refuse to participate in identification procedures.

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A suspect has the right to have an attorney present:

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Discuss the defendant's Sixth Amendment rights during showups, lineups, and photographic lineups.

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A showup is most likely to be conducted in the field because:

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The people who are placed in a lineup should look sufficiently alike so that no one stands out as the person suspected of committing the crime.

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What rule will be applied by the appellate court to decide if a case should be reversed when a witness who viewed a lineup that violated Due Process made an in-court identification of the defendant during trial

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What can police ask participants to do at a lineup without violating their Fifth Amendment rights

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A photographic lineup:

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A suspect has a Sixth Amendment right to have an attorney present at a lineup that is conducted after the preliminary hearing.

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A suspect has a Sixth Amendment right to have an attorney present at a showup held prior to an arrest.

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What is the lowest level of suspicion that must be present for the police to detain a person in the field for a showup

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When a suspect exercises his/her Sixth Amendment right to have an attorney present during a lineup, the attorney can:

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A suspect can invoke the Fifth Amendment as grounds to refuse to participate in:

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Explain the following issues related to people who observe showups, lineups, and photographic lineups: actions of police and witnesses while observing the procedure; testimony in court regarding procedure; in-court identification of suspect.

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Coaching witnesses at lineups violates the suspect's Due Process rights.

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