Deck 9: Eyewitness and Scientific Identifications

Question 1

The act of a victim becoming tired and identifying a person as the offender in order to move on with life, whether that person actually is the offender is not, is known as which type of threat to accuracy identification?

A)Closure
B)Selection
C)Shoehorning
D)Suggestiveness

Answer 1

A

Question 2

Of the factors of misidentification identified by psychologists, the fact that many people are unable to accurately identify distinguishing characteristics of someone of a different race falls into which category?

A)Crime factors
B)Offender factors
C)Offense factors
D)Victim factors

Answer 2

B

Question 3

The due process test applies to _____.

A)all lineups, both corporeal and noncorporeal, pre- and postindictment
B)all corporeal lineups both pre- and postindictment
C)all postindictment lineups both corporeal and noncorporeal
D)all noncorporeal lineups both pre- and postindictment

Answer 3

A

Question 4

When attempting to determine the identity of the criminal, police may present a single suspect to a victim or witness. This type of identification procedure is known as a/an _____.

A)lineup
B)showup
C)confrontational identification
D)identification scheme

Question 5

Which of the following is not one of the factors used by a judge to determine the reliability of a photographic identification?

A)The opportunity of the identifier to view the offender during the crime itself
B)The accuracy of the description of the suspect after the crime occurred
C)How certain the identifier is of his/her identification
D)All of the above are factors used.

Question 6

At which point in the criminal process does the right to counsel during a lineup attach?

A)At any stage in the criminal process
B)Once police have focused on one suspect
C)Once charges have been filed
D)At any stage, so long as the victim is present at the lineup

Question 7

Due process stems from the _____ and Fourteenth Amendments.

A)Second
B)Fourth
C)Fifth
D)Sixth

Question 8

The Frye test is used to determine _____.

A)how well a scientific technique meshes with the defendant's rights
B)whether a scientific technique has been carried out by a sufficiently trained individual
C)whether a scientific technique is explained clearly enough to a jury
D)whether a scientific technique is sufficiently established and accepted

Question 9

The act of a victim comparing one person to another in a lineup then pointing to the one person in the lineup who most closely resembles the offender, whether the person actually is the offender is not, is known as which type of threat to accuracy identification?

A)Closure
B)Selection
C)Shoehorning
D)Suggestiveness

Question 10

Scientific identification techniques are useful for eliminating innocent suspects, also known as _____,

A)castigation
B)exoneration
C)incrimination
D)indemnification

Question 11

If the right to counsel is denied during a lineup, under which circumstances will an in-court eyewitness identification be allowed?

A)Only if the state is able to prove beyond a reasonable doubt that the in-court identification is not the product of the earlier identification
B)Only if the state is able to provide clear and convincing evidence that the in-court identification is not the product of the earlier identification
C)Only if the state is able to reasonably prove that the in-court identification is not the product of the earlier identification
D)Never

Question 12

Which of the following methods of eyewitness identification is thought to produce the most accurate identification?

A)Lineups with each person speaking a phrase
B)Lineups without each person speaking a line
C)Photographic lineups
D)Sequential showups

Question 13

Which of the following is not one of the three goals established by the suggested identification process by the U.S. Justice Department and the American Bar Association?

A)Eliminate the possibility of police unintentionally influencing the eyewitness
B)Limit the pressure on the victim to select one of the people in a lineup as the offender
C)Increase the accuracy of eyewitness identifications
D)Minimize the possibility of one eyewitness influencing another eyewitness

Question 14

The U.S. Supreme Court has held that the right to counsel applies to which of the following?

A)A preindictment corporeal identification lineup
B)A postindictment corporeal identification lineup
C)A preindictment noncorporeal identification lineup
D)A postindictment noncorporeal identification lineup

Question 15

Of the factors of misidentification identified by psychologists, the fact that victim perception is limited due to the relative speed of a crime falls into which category?

A)Crime factors
B)Offender factors
C)Offense factors
D)Victim factors

Question 16

The method of eyewitness identification in which neither the administrator nor the eyewitness is aware of the identity of the suspect is known as a/an _____

A)blind administration
B)double-blind administration
C)controlled administration
D)experimental administration

Question 17

Of the factors of misidentification identified by psychologists, the fact that a victim may be too nervous to focus sufficiently on an offender to accurately remember the offender's distinguishing characteristics falls into which category?

A)Crime factors
B)Offender factors
C)Offense factors
D)Victim factors

Question 18

Which of the following is the primary cause of false convictions?

A)Blood-type tests from 1982 and earlier
B)Eyewitness misidentification
C)Jury racial bias
D)Faulty DNA tests

Question 19

A suspect has a right to a lawyer during _____.

A)all postindictment lineups and confrontations
B)all postindictment lineups, but not confrontations
C)all postindictment confrontations but not lineups
D)any postindictment lineup or confrontation at which the victim is present

Question 20

By what level of proof must the defense show that a photographic identification was suggestive?

A)Beyond a reasonable doubt
B)By a preponderance of the evidence
C)Probable cause
D)Reasonable suspicion

Question 21

One term for the nonsuspects in a lineup is "foils."

Question 22

DNA is unique to all individuals except _____.

A)siblings of the same sex
B)mothers and daughters
C)doppelgangers
D)identical twins

Question 23

Which of the following is not a form of eyewitness identification?

A)Lineups
B)Photographic identification
C)Drive-bys
D)Showups

Question 24

If the defense is able to sufficiently show that a photographic identification was suggestive, what happens next?

A)The burden shifts to the prosecution to demonstrate the reliability of the result.
B)The defense has the burden to prove unreliability beyond a reasonable doubt.
C)The prosecution must demonstrate an indicia of reliability in the result.
D)The defense must disprove the assumption of correctness.

Question 25

The U.S. Supreme Court has held that an attorney need not be present during a photographic lineup in which of the following situations?

A)When it's conducted before the indictment
B)When it's conducted after the indictment
C)When it's conducted before or after the indictment
D)When the suspect has previous convictions on his record

Question 26

Of the three stages of eyewitness identification, remembering what happened is also known as perception.

Question 27

A suspect is to be granted the right to counsel at any "critical stage" of the criminal process.

Question 28

The U.S. Supreme Court has held that the right to counsel does not apply to lineups conducted during the investigative stage (preindictment) due to the inherent inefficiency of an attorney's presence.

Question 29

The right to counsel during the criminal process stems from the Fourth Amendment.

Question 30

An eyewitness identification method in which neither the administrator nor the eyewitness knows who the suspect is known as a blind administration.

Question 31

Which of the following is the more lenient or inclusive test for scientific evidence?

A)Frye
B)Daubert
C)Einstein
D)Forensic

Question 32

One common practice the court condemned in United States v. Wade was that of shining a slightly brighter light on the suspect than the other individuals in a lineup as a means of influencing the process.

Question 33

The test of scientific technique in which judges are asked to study the research and expert views to reach their own conclusions as to whether a technique will be applicable and helpful is known as the _____ test.

A)Daubert
B)Frye
C)Mahone
D)Merrell

Question 34

The U.S. Supreme Court has held that a showup following arrest but before the initiation of adversarial criminal proceedings is a critical stage of criminal prosecution, and thus the right to counsel applies.

Question 35

What is the name of the method named after a Paris police officer, which worked to identify criminals by precise physical measurements and identification of unusual physical characteristics?

A)Bertillon method
B)Chiral method
C)Marsouin method
D)Peele method

Question 36

In which of the following circumstances will polygraph results be admitted into evidence at trial in federal district courts?

A)Only when they have been proven to be reasonably reliable
B)Upon recommendation by a specialist
C)Anytime it is necessary to establish guilt
D)Only under special and limited circumstances

Question 37

In order to educate jurors on the pitfalls of eyewitness identification, the courts have ruled to allow the defense to call expert witnesses to explain these concerns during a trial.

Question 38

DNA was first used in criminal cases in which decade?

A)1940s
B)1960s
C)1980s
D)1990s

Question 39

Due to the inherently intimidating nature of a lineup, prosecutors must provide extra proof at trial that a defendant waived his/her right to counsel at this stage in the process.

Question 40

The results from a polygraph tests are admissible in _____.

A)nearly every state
B)about half of the states
C)one state
D)none of the states

Question 41

Lineups of photographs of a possible suspect among many other photos are known as _____.

Question 42

DNA evidence is not always a magic bullet. Identify and explain the various factors that may decrease the reliability of DNA evidence.

Question 43

The test of scientific techniques in which the judge is to make the determination him/herself is known as the _____.

Question 44

List the three main provisions established by the Wade-Gilbert rule.

Question 45

"Lie detector" tests are know by the technical name _____.

Question 46

Why should polygraph evidence be admissible or inadmissible at trial?

Question 47

Explain why the identification of a perpetrator involves such a high degree of error. How can we protect against this? Is the solution to do away with eyewitness identification?

Question 48

Some state courts have taken broad steps to ensure the reliability of eyewitness identification, yet the Supreme Court held that courts are not required to screen such evidence for reliability absent suggestive identification procedures created by the police. Why do you think there is a disconnect, and should we do more to ensure accurate suspect identification?

Question 49

Explain and compare the two tests of scientific techniques as established in Frye and Daubert. How could states using one test find differently than a state using the other? Do you feel either of these tests are good policy? Use examples (real or hypothetical) and explain why or why not.

Question 50

The U.S. Supreme Court has held that the right to counsel should apply at any _____ of the prosecution.

Question 51

Why are suspects not entitled to legal representation at the showup following their arrest?

Question 52

The U.S. Supreme Court has applied different rules for lineups before and after indictment and for photographic lineups. What are these rules? What are some of the legal arguments against some of these holdings, especially those where the right to counsel does not attach. Do you believe these criticisms to be valid? Why or why not?

Question 53

According to the National Institute of Justice, there should be a minimum of ____ fillers (or distractors) in a photographic lineup.

Question 54

Reliability is the central question in determining whether identification violates due process. Explain the six factors that are taken into consideration when making this determination.

Question 55

Identify at least three steps that can be taken to minimize the possibility of bias in a photographic lineup. Explain how these steps can help reduce bias/misidentification.