Question 1

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

Accepted Answer

A) True 
 B)False

Question 2

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

Accepted Answer

A) True 
 B)False

Question 3

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

Accepted Answer

A) True 
 B)False

Question 4

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.

Accepted Answer

A) True 
 B)False

Question 5

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?

Accepted Answer

A) Individual photos should be placed in random order. 
B) The photos in the array should be viewed together. 
C) The witness should be told to take as much time as needed with each photo. 
D) The officer should avoid reporting any information to the witness about the individual selected prior to the witness's statement of certainty.

Question 6

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

Accepted Answer

The answer of What standard is applied by the court...

Question 7

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

Accepted Answer

A) True 
 B)False

Question 8

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.

Accepted Answer

A) True 
 B)False

Question 9

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.

Accepted Answer

A) True 
 B)False

Question 10

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

Accepted Answer

A) True 
 B)False

Question 11

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

Accepted Answer

A) invokes a per se rule that photo show-ups are unnecessarily suggestive. 
B) looks to the totality of the circumstances. 
C) looks to the totality of the circumstances measured by a requirement that the identification possess certain features of reliability. 
D) looks solely to the reliability of the identification.

Question 12

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

Accepted Answer

A) Whether the witness has an independent basis for his or her in-court identification. 
B) Whether a pre-indictment identification is suggestive. 
C) Whether a post-indictment identification is suggestive. 
D) Whether a witness is trustworthy.

Question 13

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

Accepted Answer

A) True 
 B)False

Question 14

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?

Accepted Answer

A) Arrest 
B) Preliminary hearing 
C) Indictment 
D) Arraignment

Question 15

List and describe the three basic types of identification procedure.

Accepted Answer

The answer of List and describe the three basic types...

Question 16

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

Accepted Answer

A) True 
 B)False

Question 17

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

Accepted Answer

A) Preponderance of the evidence 
B) Fair probability 
C) Clear and convincing 
D) Reasonable certainty

Question 18

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.

Accepted Answer

A) True 
 B)False

Question 19

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

Accepted Answer

A) True 
 B)False

Question 20

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

Accepted Answer

A) True 
 B)False

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.