Deck 10: Lineups and Other Pretrial Identification Procedures

Question 1

Due process requires that identification procedures be basically

A)error free.
B)totally non-suggestive.
C)fair.
D)reasonable accurate.

Answer 1

C

Question 2

An identification procedure that involves only the suspect and the victim is called a/an

A)showup.
B)lineup.
C)photographic display.
D)arraignment.

Answer 2

A

Question 3

Assuming there is no questioning of the suspect,and the suspect appears voluntarily at the lineup,which of the following rights is the only one that applies at all lineups,no matter when they occur?

A)Right to counsel
B)Privilege against self-incrimination
C)Due process
D)Double jeopardy

Answer 3

C

Question 4

A suspect is not entitled to Miranda warnings before being put into a lineup because

A)lineups never involve custody of a suspect.
B)there is no interrogation or testimonial evidence from the suspect.
C)lineups are not a critical stage.
D)the privilege against self-incrimination only applies to court proceedings.

Question 5

In 1998,the federal government opened a national database.

A)fingerprint
B)voiceprint
C)blood type
D)DNA

Question 6

In a courtroom situation,DNA testing functions to

A)provide jurors with a standard of evidence that they are legally required to accept as proof of guilt (or innocence).
B)positively link a specific suspect with a specific evidence stain.
C)establish that the odds of a fake match are astronomically high.
D)both positively link a specific suspect with a specific evidence stain and establish that the odds of a fake match are astronomically high.

Question 7

In United States v.Wade,the Supreme Court held that a suspect is entitled to an attorney at a lineup if that lineup is held after

A)the crime but before charges are filed.
B)an arrest with a warrant and subsequent indictment.
C)an arrest without a warrant,but before charges are filed.
D)the witness gives a description to the police.

Question 8

The role of the suspect's attorney at a lineup is to

A)control the lineup.
B)try to ensure the lineup is fair.
C)participate in the lineup.
D)protect the rights of everyone appearing at the lineup.

Question 9

Miranda warnings must be given to any suspect in police custody who is

A)subjected to a showup.
B)placed in a lineup.
C)pictured in a photographic display shown to a witness.
D)interrogated by the police.

Question 10

The privilege against self-incrimination does not apply to identification procedures,because that privilege applies only to evidence.

A)testimonial or communicative
B)real or physical
C)identification
D)circumstantial

Question 11

A suspect in a lineup is ordered to repeat the same words used by the perpetrator of the crime or is ordered to give a voice exemplar (sample)for scientific analysis.This procedure violates

A)the privilege against self-incrimination,because the evidence is testimonial or communicative.
B)the prohibition on unreasonable searches and seizures,because the suspect's words are being seized without a warrant.
C)the suspect's right to an attorney,but only if the suspect has been indicted and the attorney is not present.
D)due process,because it is unfair to require the suspect to speak at a lineup.

Question 12

Claims of Fourth Amendment violations with respect to warrantless seizures do not usually prevail in lineup and showup cases because

A)these procedures are not critical stages.
B)the suspect has not been arrested.
C)the evidence is not testimonial or communicative.
D)the evidence is physical.

Question 13

Which of the following rights applies to all lineups?

A)Due process
B)Protection against unreasonable searches
C)Privilege against self-incrimination
D)All of the answers are correct.

Question 14

Due process in a lineup means that the lineup must not be

A)unfair.
B)impermissibly suggestive.
C)both a and b are correct.
D)none of these is correct.

Question 15

A suspect in a lineup or showup has a Sixth Amendment right to an attorney at that proceeding

A)only before being formally charged or subject to formal proceedings.
B)only after being formally charged or subject to formal proceedings.
C)only after being formally charged or subject to formal proceedings,and provided they can afford their own attorney at this time.
D)at any and all times.

Question 16

The totality of the circumstances test is used to determine if a pretrial identification procedure has violated which right?

A)The right to an attorney
B)The privilege against self-incrimination
C)The Fourth Amendment
D)Due process

Question 17

The due process requirement of fairness is violated if identification procedures are

A)conducted during the night.
B)conducted with more than three others that look like the suspect.
C)impermissibly suggestive.
D)conducted with more than three identifying witnesses.

Question 18

Which of the following types of evidence has the strongest scientific foundation?

A)Polygraph
B)Hypnotically refreshed testimony
C)DNA testing
D)Lie detector

Question 19

Which of the following rights at identification procedures is dependent upon whether or not the suspect has been formally charged or subjected to adversary judicial proceedings?

A)Due process rights
B)The privilege against self-incrimination
C)The Sixth Amendment right to an attorney
D)The Fourth Amendment protection against unreasonable search

Question 20

Which of the following identification procedures is generally the most likely to be suggestive?

A)Lineup
B)Showup
C)Photo display
D)DNA testing

Question 21

Which of the following rights applies to lineups,showups,and photographic displays?

A)Unreasonable searches and seizure
B)Due process
C)Confrontation of adverse witnesses
D)Double jeopardy

Question 22

The process of brain fingerprinting involves assessing a suspect's response

A)to determine whether or not he or she exhibit criminal characteristics linked with the crime.
B)while he or she is under hypnosis to determine whether or not he or she recalls committing the crime.
C)to stimuli in the form of words or pictures presented on a computer monitor.
D)to being questioned before others.

Question 23

For lineups,the National Institute of Justice recommends that

A)multiple suspects be included in each identification procedure.
B)fillers generally fitting the witness's description of the perpetrator be selected.
C)suspects be placed in different positions in each lineup.
D)fillers generally fitting the witness's description of the perpetrator be selected and that suspects be placed in different positions in each lineup.

Question 24

For showups,the National Institute of Justice recommends that

A)the suspect be transported to the witness's location.
B)the suspect and witness both be transported to a neutral location.
C)the witness be transported to the suspects location.
D)showups not be held if either victim or suspect has to be transported.

Question 25

Failure to provide a lawyer at a lineup after a formal charge has been filed against the suspect makes the evidence

A)inadmissible.
B)illegal.
C)acceptable.
D)None of the answers are correct.

Question 26

The rule that a defendant is not entitled to the presence and advice of a lawyer during a lineup or other face-to-face confrontation because he has not been formally charged with an offense is known as the

A)Frye rule.
B)Kirby rule.
C)Daubert rule.
D)Wade-Gilbert rule.

Question 27

Which of the following procedures is NOT admissible in court?

A)DNA test results
B)Polygraph test results
C)Hair sample test results
D)Breathalyzer™ test results

Question 28

Which of the following is a means of identifying suspects?

A)DNA testing
B)Handwriting samples
C)Hair samples
D)All of the answers are correct.

Question 29

Which of the following procedures would violate a suspect's privilege against self-incrimination?

A)Being forced into giving voice exemplars or samples
B)Being required to submit to photographing
C)Nonconsensual drawing of blood,saliva,or other types of physical evidence
D)Being required to testify at a trial

Question 30

A suspect is involved in an automobile accident and is properly arrested for drunk driving.The police take the suspect to a hospital and a doctor draws a blood sample without the suspect's consent or a warrant.Blood alcohol content evidence is admitted against the defendant at trial.What did the U.S.Supreme Court decide in Schmerber v.California (1966),about the admissibility of this procedure?

A)This procedure did not violate the Fourth Amendment.
B)This procedure did violate the Fourth Amendment
C)This procedure did not violate the Fifth Amendment.
D)This procedure did violate the Fifth Amendment.

Question 31

Which of the following is typical of police lineups?

A)Suspects are viewed through one-way glass/mirror
B)Only four suspects are in the lineup
C)The lineup is held at the scene of the crime
D)Police wait until the suspect is indicted before holding the lineup

Question 32

Photographic identification does not involve any unreasonable search and seizure because no search or seizure takes place,as long as the photographs are obtained

A)soon after the crime.
B)legally.
C)with the suspects permission.
D)without the suspects knowledge.

Question 33

Which of the following is NOT a problem with DNA evidence?

A)The skill of technicians who conduct the tests.
B)It is unreliable.
C)The validity of the interpretations of technicians who conduct the tests.
D)All of these are problems.

Question 34

The Eyewitness Identification Guidelines from the U.S.Department of Justice apply to

A)lineups.
B)interrogations.
C)custody.
D)booking.

Question 35

Given current skepticism about the reliability of eyewitness evidence,the pressure is on for police departments and prosecutors to ensure that identification procedures are

A)fair.
B)reliable.
C)both fair and reliable.
D)None of the answers are correct.

Question 36

The legal controversy about the admissibility of DNA testing centers around which of the following issues?

A)The fact that the scientific reliability of DNA testing has yet to be proven.
B)The fact that DNA testing is subject to human error.
C)The fact that DNA testing may be a violation of the constitutional protection against unreasonable seizure.
D)The fact that DNA testing may be a violation of the constitutional protection against self-incrimination.

Question 37

What is one difference between the "new" method of conducting a lineup compared to the "old" method?

A)In the new method the investigating officer administers the lineup.
B)In the new method an administrator in the department administers the lineup.
C)In the new method a detective in the department administers the lineup.
D)There is no "new" and "old" method.

Question 38

According to the Wade-Gilbert rule,if the suspect cannot afford a lawyer,the

A)state is not required to appoint one.
B)state must appoint one.
C)city must appoint one.
D)city is not required to appoint one.

Question 39

A photo lineup is also known as a

A)showup.
B)brain fingerprinting.
C)photo rule up.
D)rogues' gallery.

Question 40

Claims of unreasonable search and seizure in pretrial identification procedures are

A)generally unsuccessful.
B)generally successful.
C)unfair.
D)fair.

Question 41

In determining whether or not an identification procedure violates due process,the courts will utilize the
____________ test.

Question 42

The main role of Eddie's lawyer during the lineup is to

A)protest inappropriate lineups.
B)make sure the procedure is fair.
C)protest the procedure.
D)actively guide the proceedings.

Question 43

Identification procedures which are impermissibly violate the requirement of due process.

Question 44

A suspect has a constitutional right to of law in a lineup.

Question 45

Following National Institute of Justice guidelines,Detective Moore should do which of the following in completing a photo lineup?

A)Include multiple suspects in each identification procedure.
B)Tell the witnesses that he has arrested the suspect.
C)Tell the witnesses that the suspect has confessed.
D)Include only one suspect in each identification procedure.

Question 46

The privilege against self-incrimination applies only to and not physical evidence.

Question 47

The right to an attorney at a lineup derives from the Amendment.

Question 48

During a ,a one-on-one identification confrontation takes place between the victim or witness and a suspect.

Question 49

The definition of is a one-to-one confrontation between a suspect and a witness to a crime.

Question 50

Following National Institute of Justice guidelines,Detective Moore should do which of the following in conducting a showup?

A)Tell the witnesses he has the robber.
B)Have the witnesses together look at the suspect.
C)Determine and document,prior to the showup,a description of the perpetrator.
D)None of the answers are correct.

Question 51

In presenting a live lineup,Detective Jackson should instruct the witness that

A)he or she will be asked to view a group of individuals.
B)it is just as important to clear innocent persons of suspicion as to identify guilty parties.
C)the person who committed the crime may or may not be present in the group of individuals.
D)All of the answers are correct.

Question 52

He cannot rely on the eyewitness testimony because it

A)is highly unreliable.
B)takes at least three witnesses to constitutionally identify the suspect.
C)is not enough for probable cause.
D)is the requirement before he can obtain a polygraph.

Question 53

At a showup with these multiple witnesses,Detective Jackson should

A)have all witness ID the suspect together.
B)consider using other identification procedures for remaining witnesses if a positive identification is obtained from one witness.
C)tell the witness that the person he or she is looking at is the perpetrator.
D)obtain and document a statement of certainty for identifications only.

Question 54

An identification procedure involving a number of individuals of similar appearance being displayed to a victim or witness is called a/an .

Question 55

Brain is a new and controversial tool in solving crimes.

Question 56

If he chooses to use a photo lineup,Detective Jackson should

A)include multiple suspects in each identification procedure.
B)include a minimum of seven fillers per identification procedure.
C)select fillers who generally fit the witness's description of the perpetrator.
D)use fillers who resemble the suspect as closely as possible.

Question 57

Following National Institute of Justice guidelines,Detective Moore should do which of the following in composing a live lineup include

A)a minimum of eight non-suspects per lineup.
B)a minimum of four non-suspects per lineup.
C)only one suspect in each lineup.
D)both a minimum of four non-suspects and only one suspect per lineup.

Question 58

According to the Wade-Gilbert rule,although a suspect is entitled to a lawyer during a lineup after formal charges are filed,the suspect

A)can refuse to participate in the lineup even if the lawyer advises against appearing.
B)cannot refuse to participate in the lineup even if the lawyer advises against appearing.
C)may refuse to participate in the lineup even if the lawyer advises appearing.
D)does not have to participate.

Question 59

In contrast to the universal admissibility of DNA evidence,most courts refuse to admit the results of
tests in either civil or criminal proceedings.

Question 60

Why is a suspect not entitled to a lawyer during a police lineup prior to the filing of formal charges and yet is entitled to the Miranda warnings immediately upon arrest even if he or she is still out in the streets?

A)A lineup does not involve interrogation.
B)Miranda warnings are required any time an officer interrogates a suspect in custody.
C)Miranda warnings are required for interrogation,but a lineup does not involve interrogation.
D)None of the answers are correct.

Question 61

The FBI's Combined DNA Index System is also known by the acronym .

Question 62

In a showup,if possible it is better to transport the rather than the other person involved in the alleged incident.

Question 63

Miranda warnings are not necessary in a police lineup,but are necessary in cases of custodial .

Question 64

The U.S.Supreme Court in Perry v.New Hampshire (2012),held that the issue whether police used an unnecessarily procedure is to be judged based on a two-pronged test.

Question 65

A suspect has a Sixth Amendment right to an attorney at a lineup only if the lineup occurs after the commencement of proceedings.

Question 66

Unlike DNA evidence,most courts refuse to admit the results of tests in either civil or criminal proceedings.

Question 67

One of the constitutional rights often invoked by suspects during the pretrial identification stages is the right to protection against searches and seizures.

Question 68

__________constitutional rights are often invoked by suspects during each of the pretrial identification stages.

Question 69

Only when the proceeding is considered a "critical stage of the prosecution" is a suspect entitled to the presence and advice of .

Question 70

Eyewitness identification was once considered highly evidence.

Question 71

An identification through a lineup composed using the Eyewitness Identification Guidelines from the U.S.Department of Justice may have stronger value than one obtained without these procedures.

Question 72

Despite the frequent use of lineups,standards and vary from state to state.

Question 73

__________recognition technology is a way of identifying suspects by comparing driver's license photos with pictures of convicts in a high-tech analysis of chin widths and nose sizes.

Question 74

There are three forms of eyewitness identification: ,showups,and photographic identification.

Question 75

During lineups,the lawyer's function is that of an " ",who makes sure that things are conducted according to the law.

Question 76

The National Institute of Justice recommends that a lineup contain a minimum of persons.

Question 77

A lineup or other face-to-face confrontation after the accused has been formally charged with an offense is considered a critical stage of the proceedings;therefore,the accused has a right to have present.

Question 78

The police use procedures in pretrial identification.

Question 79

There are many problems associated with eyewitness identification.The most common ones are that it is
_______________.

Question 80

Polygraph evidence is not admissible in most courts because of concerns about the of this type of evidence.