Deck 14: Pretrial Visual Identification Procedures

Question 1

The generic term which means any type of presentation of a suspect in person to a victim to identify the perpetrator is

A) confrontation.
B) showup.
C) lineup.
D) booking procedure.

Answer 1

A

Question 2

Given the causes of misidentification,the United States Supreme Court has held that identifications that occur under questionable circumstances should

A) be reviewed carefully by the courts for admission.
B) not be admitted in court.
C) always undergo a pretrial discovery hearing process.
D) be admitted regardless in court for a jury to decide the validity of same.

Answer 2

B

Question 3

The _____ states that at a pretrial,_____ lineup,the suspect has a right to assistance of counsel.

A) Stovall v. Denno case ; preindictment
B) U.S. v. Wade case ; judicial proceeding
C) Wade-Gilbert rule ; preindictment
D) Wade-Gilbert rule ; postindictment

Answer 3

D

Question 4

In determining the admissibility of identification evidence,the most important factor is _______.

A) whether any procedural due process rights were violated.
B) whether any substantive due process rights were violated.
C) reliability of the evidence.
D) whether the police abuses were incidental or intentional.

Question 5

The Yerkes-Dodson law posits that attention performance (memory)is at its highest level when the person is experiencing ________ level of stress.

A) an extremely high
B) a high
C) a medium
D) a low

Question 6

Within an hour after a robbery the police bring to the victim a single photograph of a perpetrator whose modus operandi and description match that described by the victim.The most specific term for this procedure is

A) photographic showup.
B) photographic lineup.
C) photographic confrontation.
D) photographic identification.

Question 7

A suspect may waive the right to counsel at the confrontation

A) only by signing the waiver form.
B) even if they refuse to sign the waiver form.
C) only with counsel present.
D) without counsel present only if they initiate discussion about their case.

Question 8

Many of the issues that make eyewitness identifications problematic are not capable of control by the police.However,there are certain practices police can follow to reduce the likelihood of error in eyewitness identification.Most of these practices focus on _________.

A) improving police investigation techniques so that police will not have to extensively rely on eyewitness accounts.
B) decreasing the suggestibility to witnesses that is inherent in many police practices.
C) limiting recorded information so that there is no record of police procedure that can be challenged.
D) identifying and firing police officers who purposefully violate policies.

Question 9

__________ is an unconscious process that concerns the acquisition,retention,and recall of past experience.

A) Memory
B) Sensory experience.
C) Perception
D) Overload

Question 10

Police are in the initial stages of investigating a suspect for involvement in a criminal offense.The suspect has not been indicted.Police arrange for a lineup,but don't provide counsel for the defendant.In the course of conducting the lineup,police followed certain procedures that were highly suggestive to the witness called upon to participate in the lineup.Which of the following is true?

A) No constitutional violation occurred.
B) A 6th Amendment violation occurred, because police failed to provide an attorney.
C) A 5th Amendment violation occurred, because of the suggestive nature of the process.
D) Both a 5th and 6th Amendment violation occurred.

Question 11

In which of the following circumstances would it be appropriate to use a showup identification?

A) Police apprehend a suspect near the scene of the crime shortly after commission of the crime.
B) Police take a description from the eyewitness and have probable cause to believe that she is describing a known suspect.
C) The witness refuses to go to the police station for a lineup.
D) Police are unable to find any volunteers to participate in a lineup.

Question 12

If police require a person in custody to appear in a lineup over his objection,there is

A) no violation of any rights.
B) a violation of Fourth Amendment right to privacy.
C) a violation of Fifth Amendment privilege against self-incrimination.
D) violation of both the Fourth and Fifth Amendments.

Question 13

Eyewitness identification is complicated by the fact that people can easily change many of their facial characteristics,such as hair style,presence or absence of facial hair,and hair color.These changeable aspects are called __________________.

A) confirmation characteristics
B) confabulation characteristics
C) reifying characteristics
D) malleable characteristics

Question 14

The Wade-Gilbert cases held that a post-indictment pre-trial lineup is a "critical stage" of a criminal prosecution that triggers the right to counsel.The logic of the Court in reaching this conclusion was that the presence of the defense attorney:

A) will allow for effective cross-examination at later stages.
B) will allow the criminal suspect to assert his or her right to not participate in the lineup.
C) will allow the criminal suspect to control the process and procedures that are implemented by police.
D) will allow the criminal suspect to effectively cross-examine the witness during the line-up.

Question 15

?Police want to require a person not in custody to appear in a lineup.This:

A) requires consent of that person.
B) can only be done with consent or a court order.
C) can only be done with consent, a court order or order of a grand jury.
D) can be done with consent, a court order or order of a grand jury and may require the existence of probable cause to arrest the individual.

Question 16

A lineup should be conducted

A) as close to trial as practicable.
B) as soon after arrest as practicable.
C) as close to arraignment as practicable.
D) as soon after indictment as practicable.

Question 17

In a criminal prosecution the accused has a Sixth Amendment right to

A) assistance of counsel at all times.
B) silence at all times.
C) assistance of counsel at all critical stages of the proceedings.
D) due process of law.

Question 18

The next day after a robbery,the police bring the victim to the station to view a group of a half-dozen people in hopes the victim can identify the perpetrator.The most specific term for this procedure is a

A) lineup.
B) showup.
C) confrontation.
D) pretrial identification.

Question 19

An officer conducting a lineup should allow the defense attorney at the lineup to do all but which of the following?

A) take notes
B) observe all the proceedings
C) control any part of the proceedings
D) tape record the proceedings

Question 20

?If an accused requests assistance of their own counsel at a confrontation

A) the confrontation must be delayed until their own attorney is present regardless of how long that may take.
B) the confrontation must be delayed until an attorney familiar with the case is present.
C) the confrontation may proceed without delay if the accused's attorney cannot be present in time.
D) the confrontation must be delayed until substitute counsel can be present if their own attorney cannot be present.

Question 21

The difference between a lineup and a showup is that a lineup includes a group of persons,whereas the showup involves a presentation of only one criminal suspect to the witness making the identification.

Question 22

In instances where a criminal defendant shows that a police identification procedure was suggestive,the court will:

A) automatically exclude the results of the procedure.
B) exclude the results only after weighing the suggestibility evidence against factors indicative of reliability.
C) admit the evidence unless defendant can show definitive harm.
D) admit the evidence unless the defendant has no civil law recourse.

Question 23

The American Bar Association recommends that lineups and photo arrays should be double-blind.This means that the suspect and the foils should not be able to see the identity of the witness.

Question 24

An indicted suspect and his attorney are seated in an interrogation room at the police station.Without informing the suspect or attorney,the police allow a witness to observe them through a window in the room's wall to determine if the victim can identify anyone in the room as the perpetrator.

A) This procedure is recommended.
B) This procedure is a violation of the defendant's rights.
C) This procedure is not recommended but is lawful.
D) The choice to use this procedure is up to the victim.

Question 25

Data from The Innocence Project suggests that the leading cause of wrongful conviction in United States courts is:

A) use of improper forensic techniques.
B) eyewitness misidentification.
C) false confessions.
D) unreliable informants.

Question 26

Retrieval of memories can be affected by ________________.In this phenomenon,different memory images may become combined or confused with one another.

A) unconscious retrieval
B) transference confusion
C) unconscious transference
D) subconscious retrieval

Question 27

In Neil v.Biggers,the Supreme Court listed five factors to be considered in evaluating the likelihood of misidentification.Which of the following is NOT one of those factors?

A) accuracy of the witness's prior description of the criminal
B) length of time between the crime and the confrontation
C) witness's degree of attention
D) time of day the crime occurred

Question 28

Before,during,and after an identification procedure,police and prosecutors should avoid giving witnesses any feedback on whether they feel they have made a "good" or "correct" identification.

Question 29

Applying the rule of law of Kirby v.Illinois,in which of the below choices does the suspect not have a right to have an attorney prior to or during the confrontation?

A) An on-scene showup immediately after a warrantless arrest
B) A lineup held immediately after initial appearance
C) A showup held immediately after preliminary hearing
D) A lineup held immediately after indictment

Question 30

The creation or substitution of false memories through later suggestion is called:

A) acquisition
B) confabulation
C) unconscious transference
D) retention

Question 31

Which of the following statements is not true about perception?

A) Memory is dependent on perception.
B) Perception is a highly selective "interpretive" process.
C) Perception is dependent upon the accuracy of physical senses, but not upon psychological processes.
D) One of the most important factors that impact our ability to perceive is the sheer volume of sensory stimulation we receive.

Question 32

Which of the following is a true statement about the proper procedures for conducting a lineup?

A) Multiple suspects should appear in a lineup.
B) Eyewitnesses should state in their own words how certain they are of any identification they make.
C) A minimum of three people should appear in a lineup; five to seven people is preferable.
D) Simultaneous viewing of all participants, rather than sequential viewing of one after another, is preferable.

Question 33

Foils should be chosen for their dissimilarity to the witness's description of the perpetrator,with the suspect standing out from the foils.

Question 34

Photo arrays are considered a "critical stage" of a criminal prosecution.

Question 35

?Persons in a lineup may

A) refuse to wear the clothing worn by the perpetrator.
B) be required to utter the words used by the perpetrator.
C) be of obviously different races.
D) refuse to be photographed.

Question 36

Unarranged,spontaneous showups are considered impermissibly suggestive for constitutional law purposes.

Question 37

The right to counsel guaranteed by the Wade-Gilbert cases does not apply at the outset of a criminal investigation,instead,the right must "attach" when a "triggering event" occurs.

Question 38

In the Wade-Gilbert cases,the Court extended the Sixth Amendment right to counsel to all pretrial identification procedures.

Question 39

When a person has witnessed a violent crime that involves a weapon,he pays very close attention to his surroundings and his level of accuracy in recalling these events is much higher than in normal circumstances.

Question 40

The term confrontation does not include presentation of photos of suspects to victims.

Question 41

Describe the differences between a lineup and a showup.

Question 42

Describe what is meant by sensory overload.

Question 43

A ___________ line-up or photo array occurs when neither the witness nor the person administering the lineup or photo array knows who the suspect is or who the foils are.

Question 44

Name three of the five factors in Neil v.Biggers,1972,that the court stated should be considered in evaluating the likelihood of misidentification.

Question 45

An eyewitness is much more likely to identify accurately someone of his or her own race than someone of a different race.This is called __________________.

Question 46

Explain what,if any,affect that cultural bias or personal prejudices may affect memory.

Question 47

Briefly explain what is meant by cross-racial identification bias.

Question 48

The phenomenon,in which memory declines with the passage of time,but not at a linear rate,is called _____________.

Question 49

The generic term which means any type of presentation of a suspect in person to a victim to identify the perpetrator is _______________.

Question 50

Describe the first stage of the memory acquisition,or encoding,process.

Question 51

Explain why the presence of counsel is required at a pretrial confrontation with witnesses conducted after the initiation of adversary judicial proceedings.

Question 52

The _________ process is highly selective and is as dependent upon psychological factors as it is on physical senses because it is an "interpretive process."

Question 53

The Supreme Court held in Stovall v.Denno (1967)that due process forbids any pretrial identification procedure that is unnecessarily suggestive and conducive to ______________.

Question 54

A ___________ is a belief that events that were imagined were actually perceived.

Question 55

Explain the concept of incomplete sensory acquisition.

Question 56

Briefly discuss the problems that may be associated with multiple line-ups or photo arrays.

Question 57

The people who appear in a lineup or photo array other than the suspect are called ____________.

Question 58

Perception and memory optimally functions when there is only a moderate amount of stress.This principle is referred to as the ____________.

Question 59

Give two examples that the courts have stated that may be prejudicial when presenting a photo array to a victim of a crime.

Question 60

Incomplete sensory acquisition by a person overwhelmed with too much information in too short a period of time is called ____________.