Deck 9: Identification Procedures Identification Procedures

Question 1

_________ refers to the perception of an event when information is first entered into a person's memory.

A)Recall
B)Acquisition
C)Suggestion
D)Retention

Answer 1

B

Question 2

Experts theorize that the greatest threat to an innocent person being convicted is:

A)prosecutorial misconduct.
B)police misconduct.
C)mistaken identification of strangers.
D)judicial misconduct.

Answer 2

C

Question 3

Which of the following are major procedures used by the police to help eyewitnesses identify suspects?

A)A confrontation,a photo identification,a lineup,and/or a show-up.
B)A photo identification,a lineup,and/or a show-up.
C)A confrontation,a lineup,and/or a show-up.
D)A photo identification and/or a confrontation.

Answer 3

B

Question 4

Researchers recommend that officials:

A)present members in a lineup to the witness at the same time,standing together.
B)have the officer who arrested the suspect conduct the lineup.
C)present members of the lineup to the witness one at a time.
D)inform the witness that the suspect is one of the individuals they will be asked to identify in the lineup.

Question 5

There is considerable evidence that people are poor at identifying:

A)members of another race.
B)members of their own race.
C)people with the same hair color as they have.
D)people with physical characteristics that are very different than their own.

Question 6

According to research conducted by Elizabeth Loftus,witnesses often added to their stories of crimes:

A)based on the suggestions made to them about what happened.
B)if they were pressed by officials for more detail.
C)when they felt as if officials did not believe their original story.
D)when they felt as if their memory was fading.

Question 7

Perry v.New Hampshire (2012)ruled that:

A)the due process clause does not require a hearing into the reliability of eyewitness identification procedures that were not arranged by the police.
B)accidental show­ups constitute "fruit of the poisonous tree" and cannot be used at trial.
C)accidental show-ups are preferably to organized line-ups.
D)accidental show-ups are a highly successful tool of law enforcement.

Question 8

_________ is when eyewitnesses are shown persons or objects and asked whether they are involved in the crime.

A)Recall
B)Recognition
C)Suggestion
D)Retention

Question 9

Best guesses indicate that eyewitness misidentifications account for_________percent of wrongful convictions of persons eventually exonerated by DNA.

A)10
B)25
C)75
D)90

Question 10

Which of the following is NOT one of the three variables included by psychologists in the Manson reliability test of eyewitness identification?

A)The eyewitness's opportunity to view the criminal.
B)The amount of attention the witness paid to the criminal.
C)The witness's confidence in the accuracy of their identification.
D)Expert testimony concerning the reliability of eyewitness identification.

Question 11

_________ lineups reduce the power of suggestion and reduce the possibility that the witness will pick the person who most resembles the perpetrator:

A)Sequential
B)Simultaneous
C)Blind
D)Photo

Question 12

Suggestive lineups:

A)lead to automatic exclusion of the identification made at them.
B)are always questioned by the trial judge.
C)always give rise to a substantial likelihood of misidentification.
D)do not lead to automatic exclusion of the identification made at them.

Question 13

In State v.Long (1986),the court ruled that trial courts had to give jurors_________instruction explaining the weaknesses of eyewitness identification evidence.

A)cautionary
B)identification
C)objective
D)evidentiary

Question 14

Research shows that jurors:

A)tend to overestimate the accuracy of a witness's lineup identification.
B)tend to question the accuracy of eye witness identification.
C)understand the problems involved in administering identification procedures.
D)are aware of the research about eyewitness identification.

Question 15

When a witness selects the person in the lineup who looks most like the culprit,believing the offender has to be in the lineup,this is referred to as a_________judgment.

A)conclusive
B)suggestible
C)relative
D)subjective

Question 16

Psychologists separate memory into three phases.Which of the following is NOT one of the three phases?

A)Acquisition
B)Retention
C)Retrieval
D)Utterance

Question 17

Which of the following is NOT of one Wisconsin's recommendations for improving police lineups?

A)Present the suspect and the fillers simultaneously.
B)Instruct eyewitnesses that the real criminal may or may not be present in the lineup.
C)Use a "double blind" procedure.
D)Use fillers that will minimize any suggestiveness that might indicate the suspect.

Question 18

The participants in most police lineups consist mainly of:

A)police officers and inmates from the local jail.
B)volunteers from the community.
C)civilians who work for the police department.
D)correctional officers.

Question 19

Identification of a single suspect by a witness is called a(n):

A)lineup.
B)photo array.
C)show-up.
D)in-court identification.

Question 20

Over time memory:

A)fades and witnesses recognize this problem.
B)fades,but witnesses develop greater confidence about their recall ability.
C)improves,but witnesses do not have confidence in this fact.
D)improves and witnesses recognize this fact.

Question 21

Research indicates that 50% of defendants exonerated by DNA are cases involving mistaken eyewitness identification.

Question 22

It is agreed among scientists that DNA technology can:

A)distinguish between any two individuals,other than identical twins.
B)distinguish between general types of individuals.
C)distinguish within 35-40% accuracy between two individuals.
D)accurately identify the blood types of individuals.

Question 23

According to the Supreme Court,show-ups are:

A)so suggestive that they are always unconstitutional.
B)permissible if they do not result in a very substantial likelihood of misidentification.
C)unconstitutional if the police could have reasonably been able to set up a lineup instead.
D)are permissible only if defense counsel is present when they are conducted.

Question 24

Research indicates that most eye witnesses to crimes are very good at acquiring accurate information while the crime is being committed.

Question 25

Many legal commentators suggest that one way to reform identification procedures would be to:

A)loosen the standards for admitting expert testimony on human perception and memory and the problems related to eyewitness identification.
B)require all eyewitnesses to undergo psychological testing concerning their recall and retention abilities.
C)require police to corroborate all eyewitness identifications for all types of cases.
D)totally ban the use of photo identification procedures.

Question 26

What did the court decide with regards to show-ups where the police typically bring one person by for the victim or witness to identify?

A)Since the process is highly suggestive and widely condemned,it violates due process and therefore cannot be used.
B)The police can no longer use show-ups unless they have at least two or more suspects.
C)The police can only use a show-up if the suspect consents.
D)This process is highly suggestive and widely condemned,but it does not deny due process and is therefore permitted.

Question 27

According to the Supreme Court opinion in Manson v.Braithwaite (1977),involving identifying a man from a single photograph whom the identifier had seen only once in poor light for several minutes:

A)such evidence must always be excluded if it is suggestive.
B)reliability is the linchpin in determining the admissibility of identification testimony.
C)photographic identification procedures are per se unconstitutional.
D)no identification based on a single photograph is ever reliable.

Question 28

The Supreme Court in District Attorney's Office for the Third Judicial District v.Osborne (2009)involved prisoner Osborne's post­conviction request to compel officials to release biological evidence so it could be submitted to DNA testing.What was the finding of the Court?

A)Osborne has a right under the U.S.Constitution of access to forensic evidence
B)Osborne's rights under Alaska law were violated
C)there is no right under the U.S.Constitution of access to forensic evidence
D)DNA testing is too expensive to make it a constitutional right

Question 29

Which of the following is NOT one of the five factors in the "totality of circumstances" that should weigh heavily in determining whether the lineup or show-up procedure created a likelihood of misidentification?

A)Witness level of certainty when identifying the suspects during the ID procedure.
B)Witness degree of attention at the time of the crime.
C)Witness age at the time of the crime.
D)Witness opportunity to observe.

Question 30

In order to exclude identification evidence on due process grounds,defendants must prove the identification procedure was unnecessarily suggestive and created a substantial likelihood of misidentification:

A)beyond a reasonable doubt.
B)by a preponderance of the evidence.
C)by clear and convincing proof.
D)beyond a reasonable suspicion.

Question 31

Identifying perpetrators is easier than proving that a crime was committed.

Question 32

Psychological research shows that when the person administering an identification procedure somehow confirms the witness's pick,the comments:

A)have no impact on the witness's confidence in their identification.
B)cause witness's to question whether the administrator is trying to influence their identification.
C)cause witness's to have greater confidence in the accuracy of their identification.
D)cause witness's to doubt their identification.

Question 33

Eyewitness identification of strangers is low in reliability,even in the most ideal settings.

Question 34

Which of the following is NOT a suggestion for lineups by legislatures and law enforcement agencies,based on psychological research?

A)Include police officers in the line-up.
B)Assess eyewitness confidence immediately after identification.
C)Present the suspect and the fillers sequentially rather than simultaneously.
D)Use a double blind procedure.

Question 35

Failure to recall a detail about a crime or recognize the perpetrator is considered:

A)an error of commission.
B)faulty acquisition.
C)an error of omission.
D)retention failure.

Question 36

In Manson v.Braithwaite (1977),for determining the admissibility of witness identification,the majority of the Supreme Court endorsed what became known as the:

A)per se approach.
B)blind administration test.
C)the totality of the circumstances approach.
D)the better use approach.

Question 37

Which of the following is NOT a reason for flawed forensic tests?

A)Monopoly
B)Lack of financial resources
C)Poor quality control
D)Information sharing

Question 38

In U.S.v.Wade (1967),it was found that the law enforcement had violated the defendant's Sixth Amendment rights for what reason?

A)DNA samples were taken without consent from his attorney.
B)He was placed in a lineup after being indicted without counsel present.
C)There was insufficient clarity in a photograph used to identify him in a photo array.
D)Eyewitnesses were encouraged by police officers to select him from a line-up.

Question 39

Research suggests that jurors consistently believe mistaken identification evidence when faced with witnesses who are confident about their eyewitness identifications.

Question 40

One of the most important criminal law issues today is whether the Constitution establishes:

A)that DNA testing is required in all criminal cases.
B)that DNA testing is required in all cases involving stranger on stranger crimes.
C)a post conviction right to access previously produced forensic evidence so it can be DNA tested in order to establish innocence.
D)a post conviction right to retest evidence that was DNA tested during the criminal trial.

Question 41

There is consensus today that it is possible to use DNA testing to determine whether a biological tissue matches a suspect with near certainty.

Question 42

A procedure used for the identification of suspects in a crime whereby a suspect is presented by himself alone to a witness for possible identification is known as a/an_________.

Question 43

With the totality of circumstances approach,under certain circumstances,a court can admit identification evidence even if the identification procedure was suggestive.

Question 44

Show-ups are less reliable than lineups.

Question 45

The reliability of lineups depends in part on making sure there are enough people in them and that the people in the lineups share similar characteristics.

Question 46

A witness's identification is susceptible to_________,a powerful contributor to mistaken identity during
memory retrieval.

Question 47

The Supreme Court has ruled that there is a constitutional right of access to forensic evidence.

Question 48

_________ is when the brain stores information between the time of the crime and the lineup,show-up,or photo identification.

Question 49

According to the Supreme Court,identification evidence is automatically inadmissible if the identification procedure was unnecessarily suggestive.

Question 50

If a witness is attempting to identify a person of another race,the chances of misidentification are increased.

Question 51

The alleged suggestiveness and unreliability of a show-up is evaluated by a different test than the one for the suggestiveness and unreliability of a lineup.

Question 52

_________ research about eyewitness identifications involves analyzing previously used identification procedures in actual criminal cases.

Question 53

According to eyewitness expert Elizabeth Loftus,_________shapes what a witness will remember and recall during the identification process.

Question 54

A person running an identification procedure who does not know the suspects is called a/n
.

Question 55

Identification evidence,with all of its problems,is the most widely used,often the only,evidence available to identify and prove the guilt of_________.

Question 56

One of the reforms suggested to improve eyewitness identification is to present the suspect and the fillers in a lineup simultaneously.

Question 57

The identification procedure where a witness is shown multiple photographs is called a(n)
.

Question 58

In experimental research to study eyewitness identification,researchers stage crimes and question the unsuspecting witnesses about what they saw.

Question 59

The constitutional provision governing most identification procedures is the
.

Question 60

The test used to determine whether an identification was reliable,even if unnecessarily suggestive,is the
of_________test.

Question 61

Identify the two steps in the totality of circumstances due process test of admissibility of eyewitness identification created by the U.S.Supreme Court.Identify and describe the five circumstances in the totality of circumstances due process test you identified.

Question 62

Discuss what psychologists know about the confidence an eyewitness has in his or her identification and how that confidence will impact a case.

Question 63

Examine the reforms that legal experts suggest courts can implement to improve eyewitness identification reliability.

Question 64

Discuss the importance of pre-lineup instructions in identification procedures for lineups.

Question 65

Discuss show-up identification procedures and problems related to them.