Question 1

The most important thing in creating a lineup or photo array is:

Accepted Answer

A) That the lineup or array includes persons of different races. 
B) That the lineup or array includes persons who match the defendant's general physical description. 
C) That the lineup or array includes persons of the same race. 
D) That the lineup or array includes persons of similar age.

Question 2

What must the court first determine if a question is raised about the suggestiveness of a pretrial identification?

Accepted Answer

The answer of What must the court first determine if...

Question 3

If a court finds an identification procedure to be unnecessary and suggestive what must the court then determine?

Accepted Answer

The answer of If a court finds an identification procedure...

Question 4

Which of the following is not among the three basic types of identification procedures?

Accepted Answer

A) Voice identification. 
B) Show-ups. 
C) Lineups. 
D) Photographic array.

Question 5

Which of the following is the most suggestive identification procedure?

Accepted Answer

A) Repeated encounters between the witness and the suspect. 
B) Repeated presentation of images of the same suspect in a single photographic array. 
C) Presenting a single person or photo to a witness. 
D) Photographs of different quality within an array.

Question 6

Markings on a photo,such as: height measurements,charts,or surroundings in which a suspect is depicted,do not provide a constitutional basis to challenge a photo array.

Accepted Answer

A) True 
 B)False

Question 7

How can a witness identification of a perpetrator be permitted at trial where a witness's ability to identify a person might result from an illegal lineup?

Accepted Answer

The answer of How can a witness identification of a...

Question 8

Where a defendant has been denied his or her Sixth Amendment right to counsel during a post-indictment pretrial lineup the court will:

Accepted Answer

A) Automatically reverse the conviction. 
B) Automatically order a new trial. 
C) First give the government the opportunity to establish by clear and convincing evidence that the pretrial lineup was not unnecessarily suggestive. 
D) First give the government the opportunity to establish by clear and convincing evidence that the in-court identification was based upon an independent source.

Question 9

An officer should tell a witness that the photo array or lineup includes a defendant already in custody in order to facilitate a witness's choice.

Accepted Answer

A) True 
 B)False

Question 10

What are the two issues surrounding the certainty of a witness?

Accepted Answer

The answer of What are the two issues surrounding the...

Question 11

What test does the court apply to determine whether or not the in-court identification is trustworthy?

Accepted Answer

The answer of What test does the court apply to...

Question 12

Which of the following is least likely to greatly increase the dangers of misidentification?

Accepted Answer

A) The police display to the witness only the picture of a single individual who resembles the person that the victim saw. 
B) The police show the witness several persons among which the photograph of a single individual recurs or is in some way emphasized. 
C) The police indicate to the witness that the photos may or may not contain the possible suspect. 
D) The police indicate to the witness that they have other evidence that one of the persons pictured committed the crime.

Question 13

When does a critical stage begin?

Accepted Answer

The answer of When does a critical stage begin?...

Question 14

The best example of when an identification procedure may be unnecessarily suggestive is when:

Accepted Answer

A) A witness is critically injured in a hospital and a suspect is brought to the hospital to be identified. 
B) A lineup consists of similarly looking people fitting the defendant's physical characteristics. 
C) A police brings a suspect face-to-face with a witness to be identified. 
D) A six-pack photo array consists of five white suspects and one African-American suspect.

Question 15

What are the five factors used to test the reliability of an identification?

Accepted Answer

The answer of What are the five factors used to...

Question 16

Police stations are not theatrical casting offices.What standard and test is used to determine whether a lineup or photo array includes persons matching a defendant's general physical description?

Accepted Answer

The answer of Police stations are not theatrical casting offices.What...

Question 17

The witness's degree of attention is judged by:

Accepted Answer

A) The totality of the circumstance. 
B) The duration of the witness's opportunity to view the criminal. 
C) The witness's accuracy in description. 
D) The level of certainty demonstrated by the witness.

Question 18

When a witness is certain of the identification of a suspect after a suggestive identification procedure,the court will be concerned with the reliability of the identification because:

Accepted Answer

A) The suggestiveness of the procedure overbears the witness's willpower. 
B) The witness's identification is based on the suggestive procedure. 
C) The witness retains in his or her memory the image of the suggestive photo or lineup rather than that of the person actually seen,thus causing irreparable misidentification. 
D) A suggestive procedure makes a witness's identification unreliable regardless of whether a witness is certain of the identification.

Question 19

Which of the following is least likely to be a level of certainty that a court is willing to accept as a reliable identification by a witness?

Accepted Answer

A) The witness believes a non-suggestive photo array "looks like" the criminal. 
B) The witness is 95% certain of the initial identification. 
C) The witness is almost 99% certain of the identification at the initial identification. 
D) The witness is almost 99% certain of the identification of a suspect only after a suggestive identification procedure.

Question 20

Any question by an officer regarding a witness's choice in identifying a suspect is suggestive.

Accepted Answer

A) True 
 B)False

Exam 10: Exclusionary Rule-Identification Procedures

The most important thing in creating a lineup or photo array is:

What must the court first determine if a question is raised about the suggestiveness of a pretrial identification?

If a court finds an identification procedure to be unnecessary and suggestive what must the court then determine?

Which of the following is not among the three basic types of identification procedures?

Which of the following is the most suggestive identification procedure?

Markings on a photo,such as: height measurements,charts,or surroundings in which a suspect is depicted,do not provide a constitutional basis to challenge a photo array.

How can a witness identification of a perpetrator be permitted at trial where a witness's ability to identify a person might result from an illegal lineup?

Where a defendant has been denied his or her Sixth Amendment right to counsel during a post-indictment pretrial lineup the court will:

An officer should tell a witness that the photo array or lineup includes a defendant already in custody in order to facilitate a witness's choice.

What are the two issues surrounding the certainty of a witness?

What test does the court apply to determine whether or not the in-court identification is trustworthy?

Which of the following is least likely to greatly increase the dangers of misidentification?

When does a critical stage begin?

The best example of when an identification procedure may be unnecessarily suggestive is when:

What are the five factors used to test the reliability of an identification?

Police stations are not theatrical casting offices.What standard and test is used to determine whether a lineup or photo array includes persons matching a defendant's general physical description?

The witness's degree of attention is judged by:

When a witness is certain of the identification of a suspect after a suggestive identification procedure,the court will be concerned with the reliability of the identification because:

Which of the following is least likely to be a level of certainty that a court is willing to accept as a reliable identification by a witness?

Any question by an officer regarding a witness's choice in identifying a suspect is suggestive.