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

Question 1

Wisconsin's recommendations for improving police lineups include:
I) use fillers that will minimize any suggestiveness that might indicate the suspect.
II) use a "double blind" procedure.
III) instruct eyewitnesses that the real criminal may or may not be present in the lineup.
IV) present the suspect and the fillers simultaneously.

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

Answer 1

A

Question 2

The participants in most police lineups consist mainly of:

A) police officers and inmates from the local jail
B) volunteers from the community
C) civilians who work for the police department
D) jailers

Answer 2

A

Question 3

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

Answer 3

A

Question 4

For which of the following situations will courts admit show-up identifications?
I) when witnesses accidentally confront suspects
II) in emergencies, when witnesses are hospitalized
III) for witness convenience, when witnesses are in a hurry
IV) when witnesses are not quite sure of a prior identification

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

Question 5

Over time:

A) memory fades and witnesses recognize this problem.
B) memory fades, but witnesses develop greater confidence about their recall ability.
C) memory improves, but witnesses do not have confidence in this fact.
D) memory improves and witnesses recognize this fact.

Question 6

Psychologists have studied three variables that are included in the Manson reliability test of eyewitness identification:
I) the eyewitness's opportunity to view the criminal
II) the amount of attention the witness paid to the criminal
III) expert testimony concerning the reliability of eyewitness identification
IV) the witness's confidence in the accuracy of their identification

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

Question 7

Best guesses indicate that eyewitness misidentifications account for ______ percent of wrongful convictions of persons eventually exonerated by DNA.

A) 80%
B) 10%
C) 75%
D) 25%

Question 8

_________ lineups reduce the power of suggestion and reduce the possibility that the witness will pick the person who most resembles the perpetrator:

A) Sequential
B) Simultaneous
C) Blind
D) Photo

Question 9

There is considerable evidence that people are poor at identifying:

A) members of another race.
B) members of their own race.
C) people with the same hair color as they have.
D) people with physical characteristics that are very different than their own.

Question 10

According to research conducted by Elizabeth Loftus, witnesses often added to their stories of crimes:

A) based on the suggestions made to them about what happened.
B) if they were pressed by officials for more detail.
C) when they felt as if officials did not believe their original story.
D) when they felt as if their memory was fading.

Question 11

Suggestive lineups:

A) lead to automatic exclusion of the identification made at them.
B) are always questioned by the trial judge.
C) always give rise to a substantial likelihood of misidentification.
D) do not lead to automatic exclusion of the identification made at them.

Question 12

Research shows that jurors:

A) tend to overestimate the accuracy of a witness's lineup identification.
B) tend to question the accuracy of eye witness identification.
C) understand the problems involved in administering identification procedures.
D) are aware of the research about eyewitness identification.

Question 13

______________ is when eyewitnesses are shown persons or objects and asked whether they are involved in the crime.

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

Question 14

Researchers recommend that officials:

A) present members in a lineup to the witness at the same time, standing together.
B) have the officer who arrested the suspect conduct the lineup.
C) present members of the lineup to the witness one at a time.
D) inform the witness that the suspect is one of the individuals they will be asked to identify in the lineup.

Question 15

Given the high risk of misidentification, courts _______ throw out eyewitness identification.

A) often
B) sometimes
C) rarely
D) are required to

Question 16

Identification of a single suspect by a witness is called:

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

Question 17

Experts theorize that the greatest threat to an innocent person being convicted is:

A) prosecutorial misconduct.
B) police misconduct.
C) mistaken identification of strangers.
D) judicial misconduct.

Question 18

In eyewitness identification, the accuracy of initial impressions depends on the:
I) length of time the witness observed the stranger.
II) distractions taking place during the observation.
III) stress to the witness during the observation.
IV) race of the witness and race of the stranger.

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

Question 19

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

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

Question 20

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

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

Question 21

Identifying perpetrators is easier than proving that a crime was committed.

Question 22

Research suggests that jurors consistently believe mistaken identification evidence when faced with witnesses who are confident about their eyewitness identifications.

Question 23

In Manson v. Braithwaite (1977), involving identifying a man whom the identifier had seen only once in poor light for several minutes from a single photograph, Justice Marshall in dissent criticized the police procedure because:
I) a lineup could have been arranged.
II) a photo array, rather than one photograph could have been used.
III) the fact that the photograph was given to the identifier by a fellow police officer increased the suggestiveness.
IV) the photograph selected was not a good depiction of the description given to the
Officer who selected it.

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

Question 24

In Stovall v. Denno (1967), the Supreme Court ruled that eyewitness identification could be challenged on constitutional grounds:

A) as a violation of due process.
B) as cruel and unusual punishment.
C) because suspects are compelled to testify against themselves.
D) as a violation of the suspect's right of confrontation.

Question 25

The Supreme Court has ruled that in order for identification evidence to be thrown out of court, the defendant must show that:
I) the identification procedure was unnecessarily and impermissibly suggestive.
II) the procedure was not justified by the circumstances.
III) a better identification procedure should have been used.
IV) the procedure created a substantial likelihood of misidentification.

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

Question 26

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

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 27

According to the Supreme Court opinion in Stovall v. Denno (1967), involving the use of a show-up to identify the defendant in a homicide case,
I) the identification procedure was suggestive and violated due process.
II) the procedure resulted in irreparable mistaken identification.
III) the show-up was unnecessary.
IV) the show-up was justified by the circumstances surrounding the victim's health.

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

Question 28

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 ___________:

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

Question 29

According to the Supreme Court in District Attorney's Office for the Third Judicial District v. Osborne (2009) involving prisoner Osborne's post-conviction request to compel officials to release biological evidence so it could be submitted to DNA testing:

A) Osborne has a right under the U.S. Constitution of access to forensic evidence
B) Osborne's rights under Alaska law were violated
C) there is no right under the U.S. Constitution of access to forensic evidence
D) DNA testing is too expensive to make it a constitutional right

Question 30

It is agreed among scientists that DNA technology can:

A) distinguish between any two individuals, other than identical twins
B) distinguish between general types of individuals.
C) distinguish within 35-40% accuracy between two individuals.
D) accurately identify the blood types of individuals.

Question 31

Eyewitness identification of strangers is low in reliability, even in the most ideal settings.

Question 32

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

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

Question 33

Research indicates that most eye witnesses to crimes are very good at acquiring accurate information while the crime is being committed.

Question 34

Many legal commentators suggest that one way to reform identification procedures would be to:

A) loosen the standards for admitting expert testimony on human perception and memory and the problems related to eyewitness identification.
B) require all eyewitnesses to undergo psychological testing concerning their recall and retention abilities
C) require police to corroborate all eyewitness identifications for all types of cases
D) totally ban the use of photo identification procedures

Question 35

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

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

Question 36

According to the Supreme Court:

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 37

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:

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 38

Failure to recall a detail about a crime or recognize the perpetrator is considered:

A) an error of commission
B) faulty acquisition
C) an error of omission
D) retention failure

Question 39

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

Question 40

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

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 41

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

Question 42

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 ______________.

Question 43

With the totality of circumstances approach, under certain circumstances, a court can
admit identification evidence even if the identification procedure was suggestive.

Question 44

__________ research about eyewitness identifications involves analyzing previously used identification procedures in actual criminal cases.

Question 45

A person running an identification procedure who does not know the suspects is
called a/n ____________.

Question 46

The identification procedure where a witness is shown multiple photographs is
called a _____________.

Question 47

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.

Question 48

The constitutional provision governing most identification procedures is the
_____________.

Question 49

Identification evidence, with all of its problems, is the most widely used, often
the only, evidence available to identify and prove the guilt of _____________.

Question 50

If the person a witness is attempting to identify is of another race, the chances of misidentification are increased.

Question 51

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

Question 52

In experimental research to study eyewitness identification, researchers stage crimes and question the unsuspecting witnesses about what they saw.

Question 53

Show-ups are less reliable than lineups.

Question 54

One of the reforms suggested to improve eyewitness identification is to present the suspect and the fillers in a lineup simultaneously.

Question 55

A witness's identification is susceptible to ___________, a powerful contributor
to mistaken identity during memory retrieval.

Question 56

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

Question 57

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

Question 58

According to eyewitness expert Elizabeth Loftus, _________ shapes what a witness will remember and recall during the identification process.

Question 59

______________ is when the brain stores information between the time of the crime and the lineup, show-up, or photo identification.

Question 60

The alleged suggestiveness and unreliability of a show-up is evaluated by a different test than the one for the suggestiveness and unreliability of a lineup.

Question 61

Examine the reforms that legal experts suggest courts can implement to improve eyewitness identification reliability.

Question 62

Discuss the importance of pre-lineup instructions in identification procedures for lineups.

Question 63

Discuss show-up identification procedures and problems related to them.

Question 64

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

Question 65

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.