Question 1

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.

Accepted Answer

A) True 
 B)False

Question 2

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.

Accepted Answer

A) True 
 B)False

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

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

Accepted Answer

A)  A showup can be conducted even if there is no reasonable suspicion to detain the participants 
B)  Officers must have probable cause to transport a suspect to the station for a lineup 
C)  Once a suspect is taken to the station the suspect has a right to have an attorney present during identification procedures 
D)  The police department must pay transportation costs for individuals to come to the station to view a showup

Question 5

Jack was on trial for the murder of Kim's husband. Kim, who was present when her husband was shot, testified at the trial: Prosecutor: Were you present when your husband was shot? Kim: Yes, I was about three feet from him. I'll never forget it. Prosecutor: Do you think you can identify the person who shot your husband? Kim: Yes, he's sitting over there, at the table with the sign that says Defense. Prosecutor: Are you positive? Now I know you picked him out of a lineup, but the judge has ruled that the lineup was not conducted properly. So I just want to make sure you are not thinking about the lineup. Kim: Oh, I know it's him. At the lineup I looked at his face and I was sure he was the man I saw shoot my husband. But I just noticed that tattoo on his neck. I've never seen a tattoo like that except the one on the man who was shooting my husband. So I'm sure it was him. Did Kim's testimony violate Jack's rights?

Accepted Answer

A)  Yes, a person who was at an improperly conducted lineup is not allowed to make an identification of the defendant in court. 
B)  Yes, the prosecution is not allowed to introduce any testimony about an improperly conducted lineup. 
C)  No, Kim is basing her in-court identification on a different factor than what she used to identify Jack at the lineup. 
D)  No, the prosecution is allowed to have witnesses identify Jack as long as the defense has the opportunity to cross examine them.

Question 6

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?

Accepted Answer

A)  Harmless Error Rule 
B)  Contemporaneous Objection Rule 
C)  Hearsay Rule 
D)  Fruit of the Poisonous Tree Rule

Question 7

Does the Fifth Amendment apply to showups, lineups, and photographic lineups?  Explain.

Accepted Answer

The answer of Does the Fifth Amendment apply to showups,...

Question 8

Officer Gray was investigating a case involving a serial rapist. When DNA tests came back from the lab, Officer Gray realized that Hal, who was in the county jail awaiting trial on unrelated charges, was the prime suspect. He looked through booking photos but had trouble finding men who were similar because Hal was 6' 10" tall and weighed 180 pounds. He decided to use four men who were about Hal's age and the same ethnicity as Hal. Officer Gray intentionally did not notify Hal's attorney that the lineup was being conducted. Officer Gray asked jail staff to bring Hal and the four other men to the viewing room. All of them were wearing jail uniforms. Officer Gray then allowed the victims, who had been chatting in the coffee room, to view the lineup. Officer Gray asked each of the men to put on a jacket that was found at the scene of one of the rapes. Hal was the only one who was able to do so; the jacket was much too small for the other men. The victims stood close together, and as soon as one indicated that Hal was the rapist the others agreed. Did the line-up violate Hal's rights because of the inmates Officer Gray chose to participate?

Accepted Answer

A)  Yes, lineups in which the participants do not look similar are unduly suggestive. 
B)  Yes, the Fourth Amendment mandates that lineups be composed of at least six individuals. 
C)  No, Due Process mandates that Officer Gray make a good faith effort to find similar appearing individuals but there is an exception for cases where the suspect has unusual physical characteristics. 
D)  No, the Equal Protection Clause's mandate that officers avoid racial discrimination was satisfied.

Question 9

A suspect has the right to have an attorney present:

Accepted Answer

A)  When a witness is asked to identify a suspect in court 
B)  During a lineup conducted after first court appearance 
C)  At a showup conducted  the day before the trial 
D)  There is a right to have an attorney present at all of these

Question 10

A lineup violates Due Process if:

Accepted Answer

A)  It is held while the suspect is unconstitutionally detained 
B)  The suspect is denied his/her right to counsel 
C)  The procedure is conducted in a manner that is unduly suggestive 
D)  All of these would violate Due Process

Question 11

Define showup, lineup and photographic lineup.Indicate what level of proof the police must have to detain someone to participate in each.

Accepted Answer

The answer of Define showup, lineup and photographic lineup.Indicate what...

Question 12

Which of the following statements is true?

Accepted Answer

A)  A showup in the field is the easiest procedure to conduct because only the suspect is involved. 
B)  A lineup held before trial is the easiest to conduct because the defense attorney will attend and correct any errors the police make 
C)  A lineup held after arrest is the easiest to conduct because the defense attorney must provide a list of instructions before the procedure starts. 
D)  A showup at the jail is the easiest procedure to conduct because there are plenty of individuals to use in the showup.

Question 13

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

Accepted Answer

A)  Pose in a position similar to the way the suspect stood during the crime 
B)  Say what the robber said while committing the crime 
C)  Put on a jacket that was found at the crime scene 
D)  All of these can be done without violating the Fifth Amendment

Question 14

Dan called the police and told the 911 operator that a man just stole his wallet and ran east on Main Street. Officer Ewing was immediately dispatched to the location. He saw a man in a warm-up suit running east on Main Street about three blocks from where Dan reported the theft occurred. Officer Ewing transported Fred, the man he saw running, to where Dan was waiting. Dan asked to have Fred turn sideways so he could see his profile. As soon as Fred turned, Dan said, "That's him!" Did Fred have the right to have an attorney present at the showup?

Accepted Answer

A)  Yes, the suspect has the right to have an attorney present if the results can be incriminating. 
B)  Yes, a showup has been deemed a critical stage of the adjudication process. 
C)  No, there is no right to counsel at procedures performed outside of court. 
D)  No, the right to have an attorney present at a showup does not start until arraignment or indictment.

Question 15

A person who has been detained based on reasonable suspicion can be required to participate in a showup that is held at the location where he/she was stopped.

Accepted Answer

A) True 
 B)False

Question 16

Dan called the police and told the 911 operator that a man just stole his wallet and ran east on Main Street. Officer Ewing was immediately dispatched to the location. He saw a man in a warm-up suit running east on Main Street about three blocks from where Dan reported the theft occurred. Officer Ewing transported Fred, the man he saw running, to where Dan was waiting. Dan asked to have Fred turn sideways so he could see his profile. As soon as Fred turned, Dan said, "That's him!" Did Officer Ewing violate Fred's rights when he had him turn sideways so Dan could see his profile?

Accepted Answer

A)  Yes, the Fourth Amendment prohibits ordering the suspect to perform any type of movements unless the person is under arrest. 
B)  Yes, Due Process is violated when a the police ask a person to do any actions that are incriminating. 
C)  No, the Fifth Amendment only applies to testimonial communications. 
D)  No, the Sixth Amendment only applies after the first court appearance.

Question 17

A suspect has the right to have an attorney present during a showup:

Accepted Answer

A)  Under all circumstances 
B)  Only for showups held after arrest 
C)  Only for showups held after the first court appearance 
D)  Never

Question 18

If a person viewed a lineup that violated Due Process, the trial court will hold a hearing to decide whether the person should testify at trial. The decision will be based on:

Accepted Answer

A)  Harmless Error Rule 
B)  Contemporaneous Objection Rule 
C)  Hearsay Rule 
D)  Fruit of the Poison Tree Rule

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A)  Observe the lineup 
B)  Give the police instructions on how to conduct the lineup 
C)  Cross examine the eyewitnesses who viewed the lineup 
D)  The attorney can do all of these

Exam 16: Identification Procedures

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.

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.

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

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

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?

Does the Fifth Amendment apply to showups, lineups, and photographic lineups? Explain.

A suspect has the right to have an attorney present:

A lineup violates Due Process if:

Define showup, lineup and photographic lineup.Indicate what level of proof the police must have to detain someone to participate in each.

Which of the following statements is true?

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

A person who has been detained based on reasonable suspicion can be required to participate in a showup that is held at the location where he/she was stopped.

A suspect has the right to have an attorney present during a showup:

If a person viewed a lineup that violated Due Process, the trial court will hold a hearing to decide whether the person should testify at trial. The decision will be based on:

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

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