Deck 9: Identifications

Question 1

Which of the following constitutional provisions has NOT successfully been used to challenge an identification procedure?

A) Fifth Amendment's self-incrimination clause
B) Sixth Amendment's right to counsel clause
C) Fourteenth Amendment's due process clause
D) The above have all been successfully challenged.

Answer 1

Fifth Amendment's self-incrimination clause

Question 2

In which case did the Supreme Court hold that the accused is entitled to protection against procedures ?so unnecessarily suggestive and conducive to irreparable mistaken identification? as to amount to a due process violation?

A) United States v. Wade
B) Gideon v. Wainwright
C) Stovall v. Denno
D) Neil v. Biggers

Answer 2

Stovall v. Denno

Question 3

In which case did the Supreme Court hold that the accused must be provided with counsel during post-indictment lineups?

A) United States v. Wade
B) Gideon v. Wainwright
C) Stovall v. Denno
D) Neil v. Biggers

Answer 3

United States v. Wade

Question 4

If a person is not already in custody, the police must have what justification in order to ?seize? that person for compelled participation in the lineup?

A) Probable cause
B) Reasonable suspicion
C) Proof beyond a reasonable doubt
D) None of the above

Question 5

What justification is necessary in order to compel a person who is already in custody to participate in a lineup?

A) Probable cause
B) Reasonable suspicion
C) Proof beyond a reasonable doubt
D) No justification is necessary

Question 6

In which case did the Supreme Court hold that an illegally conducted lineup does NOT invalidate later identifications resulting from an ?independent source??

A) Gideon v. Wainwright
B) Mapp v. Ohio
C) United States v. Wade
D) Miranda v. Arizona

Question 7

If a suspect refuses to participate in a lineup, he or she can be:

A) Sued.
B) Thrown in prison.
C) Cited with contempt.
D) Released.

Question 8

Which of the following help ensure a reliable lineup?

A) At least five people appear in the lineup.
B) All persons in the lineup have the same physical characteristics.
C) The suspect should be permitted to choose his or her place in line.
D) All of the above

Question 9

________ are always preferable to showups.

A) Lineups
B) Single photographic identification
C) Video arrays
D) In-court showups

Question 10

________ are sometimes desirable to facilitate prompt identification when time is of the essence.

A) Lineups
B) Showups
C) Photographic arrays
D) In court showups

Question 11

An overly suggestive lineup violates:

A) The Fourth Amendment.
B) The Fifth Amendment.
C) The Sixth Amendment.
D) The Fourteenth Amendment.

Question 12

The accused enjoys ________ during identification procedures.

A) Due process protections
B) Fourth Amendment protection
C) Fifth Amendment protection
D) Fourteenth Amendment protection

Question 13

When a witness identifies the suspect for the first time in court, this is best known as:

A) A trial identification.
B) A trial showup.
C) An in-court identification.
D) An in-court showup.

Question 14

Showups consist of:

A) The suspect.
B) At least five people.
C) The suspect and the suspect's attorney.
D) At least two people.

Question 15

At which point in time past the crime will a showup usually be considered invalid?

A) Five minutes after the crime
B) Thirty minutes after the crime
C) More than sixty minutes after the crime
D) None of the above

Question 16

Which of the following constitutional provisions place(s) restrictions on identification procedures?

A) The Fourth Amendment
B) The Fifth Amendment
C) The Sixth Amendment
D) All of the above

Question 17

Which of the following is NOT type of identification procedure?

A) Lineup
B) Showup
C) Photographic array
D) Social media page array

Question 18

A photographic array consisting of one picture may be sanctioned if:

A) The witness had ample time to view the suspect.
B) The witness paid special attention to the suspect.
C) The witness's description is accurate.
D) All of the above

Question 19

If an in-court identification is influenced by an out-of-court identification, it is called a(n):

A) Tainted identification.
B) Flawed identification.
C) Unreliable identification.
D) Improper identification.

Question 20

When identification procedures violate constitutional provisions, the results from such procedures cannot be considered:

A) Reliable.
B) Accurate.
C) Admissible in a criminal trial.
D) All of the above

Question 21

Identifications resulting from illegal searches and seizures are:

A) Never admissible.
B) Rarely admissible.
C) Sometimes admissible.
D) Always admissible.

Question 22

Identification procedures are protected by the Fourth and Fifth Amendments only.

Question 23

The accused must be provided with counsel during post indictment lineups.

Question 24

For an identification procedure to comport with the Due Process Clause, it must be (1) reliable and (2) conducted with several suspects.

Question 25

The three most common types of identification procedures are lineups, showups, and in-court identification.

Question 26

Suspects can be forced to participate in lineups.

Question 27

Showups are usually conducted in court.

Question 28

An overly suggestive lineup violates due process.

Question 29

A double-blind lineup is one in which the investigator conducting the lineup (or assembling a photo array) does not know who the suspect is.

Question 30

An advantage to double-blind lineups is that they are not resource intensive.

Question 31

As a good practice for police investigators, they should always try and obtain a statement from the witness confirming his or her identify of a suspect.

Question 32

According to the case of United States v. Crews, a suspect who is identified through an illegal arrest and booking photo will not be admissible.

Question 33

A double-blind lineup can reduce the risks of mistaken identification.

Question 34

The concept of the ?virtual officer? to conduct a lineup procedure has been introduced as a way to improve the lineup process and eliminate the investigator influence.

Question 35

An identification that would not have taken place but for some earlier unconstitutional activity is a tainted identification.

Question 36

A(n) ________ occurs when the suspect is placed alongside several other people who resemble the suspect.

Question 37

A one-person lineup occurring shortly after a crime is known as a(n) ________.

Question 38

A(n) ________ array occurs when several photographs, including ones of the suspect, are shown to a witness or victim.

Question 39

The Supreme Court has also clearly stated that the Fourteenth Amendment's due process clause bears on the constitutionality of ________ procedures.

Question 40

Suspects can be forced to participate in lineups because lineups exhibit ________ characteristics, not testimonial evidence.

Question 41

To minimize due process problems with photo arrays, several photographs of like individuals should be shown to the witness or victim so as to minimize unnecessary ________.

Question 42

An overly ________ lineup violates due process.

Question 43

A(n) ________ lineup is one in which the investigator conducting the lineup (or assembling a photo array. does not know who the suspect is.

Question 44

An in-court identification that is influenced by an improper out-of-court identification is called a(n) ________ identification.

Question 45

In United States v. Wade the Supreme Court held that an illegally conducted lineup does not invalidate later identifications resulting from a(n) ________ source.

Question 46

Match the term with the correct definition with regards to identification procedures.

-Lineup

A) An identification procedure in which the suspect is placed alongside several other people who resemble him or her.
B) A witness identifies the perpetrator in court.
C) An identification procedure in which the suspect is brought before the witness (or victim. alone, so the witness can be asked whether that person is the perpetrator).
D) Procedure in which several photographs, including one of the suspect, are shown to a witness or victim, and he or she is asked to pick out the perpetrator.
E) Protects from an unlawful search or seizure conducted for the purpose of securing an identification.
F) A flowed lineup that almost ensures that the victim or witness will identify the suspect.
G) A lineup procedure in which neither the witness nor the investigator staging the lineup knows who the suspect is.

Question 47

Match the term with the correct definition with regards to identification procedures.

-Showup

A) An identification procedure in which the suspect is placed alongside several other people who resemble him or her.
B) A witness identifies the perpetrator in court.
C) An identification procedure in which the suspect is brought before the witness (or victim. alone, so the witness can be asked whether that person is the perpetrator).
D) Procedure in which several photographs, including one of the suspect, are shown to a witness or victim, and he or she is asked to pick out the perpetrator.
E) Protects from an unlawful search or seizure conducted for the purpose of securing an identification.
F) A flowed lineup that almost ensures that the victim or witness will identify the suspect.
G) A lineup procedure in which neither the witness nor the investigator staging the lineup knows who the suspect is.

Question 48

Match the term with the correct definition with regards to identification procedures.

-Photographic array

A) An identification procedure in which the suspect is placed alongside several other people who resemble him or her.
B) A witness identifies the perpetrator in court.
C) An identification procedure in which the suspect is brought before the witness (or victim. alone, so the witness can be asked whether that person is the perpetrator).
D) Procedure in which several photographs, including one of the suspect, are shown to a witness or victim, and he or she is asked to pick out the perpetrator.
E) Protects from an unlawful search or seizure conducted for the purpose of securing an identification.
F) A flowed lineup that almost ensures that the victim or witness will identify the suspect.
G) A lineup procedure in which neither the witness nor the investigator staging the lineup knows who the suspect is.

Question 49

Match the term with the correct definition with regards to identification procedures.

-In-court showup

A) An identification procedure in which the suspect is placed alongside several other people who resemble him or her.
B) A witness identifies the perpetrator in court.
C) An identification procedure in which the suspect is brought before the witness (or victim. alone, so the witness can be asked whether that person is the perpetrator).
D) Procedure in which several photographs, including one of the suspect, are shown to a witness or victim, and he or she is asked to pick out the perpetrator.
E) Protects from an unlawful search or seizure conducted for the purpose of securing an identification.
F) A flowed lineup that almost ensures that the victim or witness will identify the suspect.
G) A lineup procedure in which neither the witness nor the investigator staging the lineup knows who the suspect is.

Question 50

Match the term with the correct definition with regards to identification procedures.

-Suggestive lineup

A) An identification procedure in which the suspect is placed alongside several other people who resemble him or her.
B) A witness identifies the perpetrator in court.
C) An identification procedure in which the suspect is brought before the witness (or victim. alone, so the witness can be asked whether that person is the perpetrator).
D) Procedure in which several photographs, including one of the suspect, are shown to a witness or victim, and he or she is asked to pick out the perpetrator.
E) Protects from an unlawful search or seizure conducted for the purpose of securing an identification.
F) A flowed lineup that almost ensures that the victim or witness will identify the suspect.
G) A lineup procedure in which neither the witness nor the investigator staging the lineup knows who the suspect is.

Question 51

Match the term with the correct definition with regards to identification procedures.

-Double-blind lineup

A) An identification procedure in which the suspect is placed alongside several other people who resemble him or her.
B) A witness identifies the perpetrator in court.
C) An identification procedure in which the suspect is brought before the witness (or victim. alone, so the witness can be asked whether that person is the perpetrator).
D) Procedure in which several photographs, including one of the suspect, are shown to a witness or victim, and he or she is asked to pick out the perpetrator.
E) Protects from an unlawful search or seizure conducted for the purpose of securing an identification.
F) A flowed lineup that almost ensures that the victim or witness will identify the suspect.
G) A lineup procedure in which neither the witness nor the investigator staging the lineup knows who the suspect is.

Question 52

Match the term with the correct definition with regards to identification procedures.

-Fourth Amendment

A) An identification procedure in which the suspect is placed alongside several other people who resemble him or her.
B) A witness identifies the perpetrator in court.
C) An identification procedure in which the suspect is brought before the witness (or victim. alone, so the witness can be asked whether that person is the perpetrator).
D) Procedure in which several photographs, including one of the suspect, are shown to a witness or victim, and he or she is asked to pick out the perpetrator.
E) Protects from an unlawful search or seizure conducted for the purpose of securing an identification.
F) A flowed lineup that almost ensures that the victim or witness will identify the suspect.
G) A lineup procedure in which neither the witness nor the investigator staging the lineup knows who the suspect is.

Question 53

Match the correct amendment with the corresponding constitutional right with regards to identification procedures.

-Fifth Amendment

A) The due process clause always applies to identification procedures. In particular, if an identification procedure is too suggestive, it will violate this amendment.
B) Right to counsel exists in the context of making an identification but only in limited circumstances.
C) Technically, this amendment does not apply to identification procedures. This is true even if a suspect is asked to supply a voice exemplar, if this is done for the purpose of identification (and not a confession or admission).

Question 54

Match the correct amendment with the corresponding constitutional right with regards to identification procedures.

-Sixth Amendment

A) The due process clause always applies to identification procedures. In particular, if an identification procedure is too suggestive, it will violate this amendment.
B) Right to counsel exists in the context of making an identification but only in limited circumstances.
C) Technically, this amendment does not apply to identification procedures. This is true even if a suspect is asked to supply a voice exemplar, if this is done for the purpose of identification (and not a confession or admission).

Question 55

Match the correct amendment with the corresponding constitutional right with regards to identification procedures.

-Fourteenth Amendment

A) The due process clause always applies to identification procedures. In particular, if an identification procedure is too suggestive, it will violate this amendment.
B) Right to counsel exists in the context of making an identification but only in limited circumstances.
C) Technically, this amendment does not apply to identification procedures. This is true even if a suspect is asked to supply a voice exemplar, if this is done for the purpose of identification (and not a confession or admission).

Question 56

Explain the constitutional restrictions that the courts have placed on witness identification procedures.

Question 57

Why is it that a lineup should consist of several individuals while a showup consisting of one suspect can be considered constitutional?

Question 58

What are some of the proposals to improve how photo arrays are used in investigations in an effort to reduce misidentification?

Question 59

How reliable are people in terms of identifying suspects in lineups, showups, and photo arrays? How would you feel going on trial on the basis of a single eyewitness who is a stranger to you with your liberty or life on the line?

Question 60

Explain how the exclusionary rule is applied differently to identifications than other types of evidence and the relevant cases on the issue. Should there be a difference? Why or why not?