Exam 10: Exclusionary Rule-Identification Procedures

If a witness is not certain of a suspect's identity at the initial confrontation,but is certain of the identity after a suggestive identification procedure,the court will likely:

All of the following may be factors in determining reliability based on the witness's opportunity to view the criminal at the time of the crime EXCEPT:

Under which one of the following conditions would an identification procedure most likely not be considered unnecessary?

The certainty of a witness is used in conjunction with other factors of reliability in determining if an identification is reliable under the totality of the circumstances.

According to the U.S.Justice Department report released in 1999 (Eyewitness Evidence: A Guide for Law Enforcement),what is the best way to use and present fillers in a lineup?

Even if there is no Sixth Amendment right to counsel violation,an identification may still be excluded on other grounds.

Which of the following would least likely be considered a neutral inquiry into a witness's choice?

According to the U.S.Justice Department report released in 1999 (Eyewitness Evidence: A Guide for Law Enforcement),the same fillers should be used in lineups when a new suspect is shown to the same witness.

If a witness is not sure about a characteristic of a criminal,he or she should make a guess with respect to the description of the criminal.

The Exclusionary Rule extends to post-indictment pretrial lineups where a defendant has been denied his or her Sixth Amendment right to counsel.

Which of the following would least likely constitute a photo identification that is suggestive?

What is the best way to ensure that time (length of time between the crime and the identification)will not be a negative factor?

An identification procedure may be unnecessarily suggestive based solely on the make-up or content of the lineup or photo array.

Even though the use of a single photograph or show-up is highly suggestive,the court may justify its use in certain emergency or exigent circumstances.

If a witness is a police officer,the degree of attention required may be far lower than an ordinary witness.

A good photo identification procedure would include all of the following,except:

The five factors set out in Biggers allow the court to determine all of the following EXCEPT:

Which of the following is false about a post-indictment identification procedure where counsel is not present?

If there is an unnecessary delay in formally charging an accused the court will:

Identifications made prior to initiation of adversary judicial proceedings are scrutinized under which of the following?