Exam 10: Exclusionary Rule-Identification Procedures

Effective cross-examination at trial can lessen the effects of possible misidentification.

Any case involving a legally questionable pretrial identification inevitably involves the question of whether or not the in-court identification should be admitted.

An in-court identification that is tainted denies a suspect Due Process.

Although a long interval between the crime and the identification can be a serious negative factor against a reliable identification it is usually not enough to invalidate an otherwise reliable identification.

The U.S.Justice Department released a report in 1999 (Eyewitness Evidence: A Guide for Law Enforcement).Which of the following is false about the suggestions offered by the Guide regarding photo arrays?

What standard is applied by the court to determine whether an identification procedure was unnecessarily suggestive?

An out-of-court identification which is illegal will make an identification made at trial inadmissible.

If a defendant is shown several times in a photo array,the procedure is not suggestive if the defendant looks slightly different in each photo.

A law enforcement officer should intentionally delay filing a complaint,and thus delay the initiation of adversary judicial proceedings,against an accused in order to have a lineup without counsel being present.

The five Biggers factors are an independent test for reliability and are not judged under the totality of the circumstances.

When viewing whether a case involves an unnecessarily suggestive photographic show-up,the court

Where an identification may be suggestive,the five factors set out in Biggers allow the trial court to determine:

The totality of the circumstances test does not apply to photographic identification procedures.

Which of the following is not considered a critical stage which requires counsel to be present when the police attempt to have a witness or victim identify a suspect?

List and describe the three basic types of identification procedure.

The use of both black and white and color photographs in the same array is generally discouraged.

What standard must the prosecution meet in order to show that the witness's identification was not influenced by a tainted pretrial identification?

If an attorney is present during a post-indictment lineup,it is irrelevant whether the lineup is suggestive because an attorney will protect the suspect from an unfairly suggestive lineup.

An officer may ask persons in a lineup to wear a disguise.

If a pretrial identification procedure is suggestive,the identification is admissible if the identification is reliable.