Question 1

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

Accepted Answer

A) True 
 B)False  False

Question 2

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

Accepted Answer

A) True 
 B)False  True

Question 3

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.

Accepted Answer

The U.S. Supreme Court test for determining whether a particular identification procedure has violated due process requires that the defendant prove by a preponderance of the evidence the following: (1) The identification procedure was unnecessarily and impermissibly suggestive. (2) The totality of circumstances proves that these procedures created a very substantial likelihood of misidentification.
Five circumstances (factors) make up the "totality of circumstances" under the due process test: (1) Witness's opportunity to view defendants at the time of the crime. (2) Witness's degree of attention at the time of the crime. (3) Witness's accuracy of description of defendants before the identification. (4) Witness's level of certainty when identifying defendants at the identification. (5) The length of time between the crime and the identification procedure.

Question 4

According to the Supreme Court:

Accepted Answer

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

Question 5

Identification of a single suspect by a witness is called:

Accepted Answer

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

Question 6

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

Accepted Answer

A) True 
 B)False

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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.

Accepted Answer

A) True 
 B)False

Question 9

Which of the following are major procedures used by the police to help eyewitnesses identify suspects?
I. a confrontation
II. photo identification
III. a lineup
IV. a show-up

Accepted Answer

A)   I, II, III, IV
B)   II, III, IV
C)   I, II, III
D)   II, III

Question 10

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

Accepted Answer

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

Question 11

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

Accepted Answer

The answer of Discuss what psychologists know about the confidence...

Question 12

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

Accepted Answer

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

Question 13

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

Accepted Answer

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 14

The main reasons for misidentification include:
I. the brain does not record accurately what the eye sees.
II. the police may use improper suggestive identification measures.
III. memory loss between the original event and the identification procedure.
IV. faulty recall

Accepted Answer

A)   I, II, III, IV
B)   I, II, III
C)   II
D)   II, III, IV

Question 15

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 ______________.

Accepted Answer

The answer of A procedure used for the identification of...

Question 16

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

Accepted Answer

The answer of The test used to determine whether an...

Question 17

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

Accepted Answer

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 18

The time when a person recalls stored information about an event in order to identify a person who was involve din the event is called ___________:

Accepted Answer

A)   acquisition
B)   retrieval
C)   retention
D)   suggestion

Question 19

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:

Accepted Answer

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 20

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

Accepted Answer

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

Exam 9: Plain View, Open Fields, Abandonment, and Border Searches

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

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

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.

According to the Supreme Court:

Identification of a single suspect by a witness is called:

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

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

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.

Which of the following are major procedures used by the police to help eyewitnesses identify suspects? I. a confrontation II. photo identification III. a lineup IV. a show-up

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

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

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

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

The main reasons for misidentification include: I. the brain does not record accurately what the eye sees. II. the police may use improper suggestive identification measures. III. memory loss between the original event and the identification procedure. IV. faulty recall

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 ______________.

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

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

The time when a person recalls stored information about an event in order to identify a person who was involve din the event is called ___________:

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:

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