Deck 16: Identification Procedures

Question 1

A witness can testify about selecting a person at a lineup only if he/she selected the defendant who is currently on trial.

Answer 1

False

Question 2

A lineup is a procedure where an eyewitness is allowed to view several people and is then asked if the person who committed the crime is in the group.

Answer 2

True

Question 3

Probable cause is required in order to conduct a photographic lineup.

Answer 3

False

Question 4

The suspect can exercise his/her Fifth Amendment rights and refuse to participate in identification procedures.

Question 5

A suspect can be taken to the police station for a lineup if the police have probable cause to arrest that person.

Question 6

The police have the right to stop any individual on the street and take him/her to the station to participate in a lineup.

Question 7

There is no Sixth Amendment right to counsel at a photographic lineup.

Question 8

Coaching witnesses at lineups violates the suspect's Due Process rights.

Question 9

A suspect has a Sixth Amendment right to have an attorney present at a lineup that is conducted after the preliminary hearing.

Question 10

Only one lineup is allowed in a case.

Question 11

A showup is a procedure where an eyewitness is shown the picture of a suspect prior to making an arrest.

Question 12

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

Question 13

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.

Question 14

A suspect has a Sixth Amendment right to have an attorney present at a showup held prior to an arrest.

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.

Question 16

Lineups must be done under conditions (such as lighting) that replicate what the witness saw at the crime scene.

Question 17

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

Question 18

In-court identifications of the defendant are allowed only if the witness has previously identified the defendant as the perpetrator.

Question 19

A suspect can invoke his/her Fifth Amendment rights as grounds to refuse to give a voice exemplar during a lineup.

Question 20

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.

Question 21

When a photographic lineup is done:

A)Only recent pictures of the suspect can be included
B)The suspect has the right to be represented by an attorney
C)The suspect can have the identification declared inadmissible if the group of pictures that was used were unduly suggestive
D)The defense attorney has the right to preview the photos that will be used

Question 22

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

Question 23

A suspect has the right to have an attorney present:

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 24

A suspect can invoke the Fifth Amendment as grounds to refuse to participate in:

A)Showup in the field
B)Lineup conducted at the station before the first court appearance
C)Lineup conducted at the station after the first court appearance
D)Suspect has no Fifth Amendment right to refuse to participate in any of these procedures

Question 25

Which of the following statements is true

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 26

What is the lowest level of suspicion that must be present for the police to take a person to the station to participate in a lineup

A)Police have the authority to detain people to participate in lineups based on their subjective opinions
B)Reasonable suspicion
C)Probable Cause
D)Proof beyond a reasonable

Question 27

What is the lowest level of suspicion that must be present for the police to include a person's picture in a photographic lineup

A)Police have the authority to include pictures in photographic lineups based on their subjective opinions
B)Reasonable suspicion
C)Probable cause
D)Proof beyond a reasonable doubt

Question 28

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

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

Question 29

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

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 30

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

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

Question 31

A photographic lineup:

A)Can only be done with pictures taken for use in photographic lineups
B)Can be done with high school yearbooks
C)Can only include individuals suspected of committing the crime
D)Should include all individuals suspected of committing in same crime

Question 32

When deciding if a showup held prior to arrest satisfies Due Process, the judge will consider:

A)Whether there was an emergency that justified conducting a showup instead of a lineup
B)Whether the eyewitness had a good opportunity to view the suspect while the crime was being committed
C)Whether there was probable cause to detain the suspect at the scene for the showup
D)All of these will be considered when evaluating Due Process

Question 33

A lineup violates Due Process if:

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 34

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

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

Question 35

If a lineup is held in a jail viewing room, the lighting should be:

A)At a normal daytime brightness
B)At a level similar to what the lighting was at the crime scene
C)Low so the viewers can see the suspects but the suspects cannot see the individuals viewing the lineup
D)At a level that is comfortable for the viewer

Question 36

Due Process mandates that all of the participants in a lineup:

A)Have similar physical characteristics
B)Be under arrest
C)Have attorneys present
D)All of these are required to satisfy Due Process

Question 37

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

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 38

What is the lowest level of suspicion that must be present for the police to detain a person in the field for a showup

A)Police have the authority to detain people to participate in showups based on their subjective opinions
B)Reasonable suspicion
C)Probable cause
D)Proof beyond a reasonable

Question 39

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

A)Under all circumstances
B)Only for lineups held after arrest
C)Only for lineups held after arraignment
D)Never

Question 40

A suspect who is not present when the pictures are shown to the witness has the right to have an attorney present during a photographic lineup:

A)Under all circumstances
B)Only for photographic lineups conducted after arrest
C)Only for photographic lineups conducted after arraignment
D)Never

Question 41

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

Question 42

Explain the following issues related to people who observe showups, lineups, and photographic lineups: actions of police and witnesses while observing the procedure; testimony in court regarding procedure; in-court identification of suspect.

Question 43

Explain the Due Process standards that apply to showups, lineups and photographic lineups.

Question 44

Discuss the defendant's Sixth Amendment rights during showups, lineups, and photographic lineups.

Question 45

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