Deck 10: Exclusionary Rule-Identification Procedures

Question 1

Even if there is no Sixth Amendment right to counsel violation,an identification may still be excluded on other grounds.

Answer 1

True

Question 2

The Exclusionary Rule extends to post-indictment pretrial lineups where a defendant has been denied his or her Sixth Amendment right to counsel.

Answer 2

True

Question 3

An in-court identification that is tainted denies a suspect Due Process.

Answer 3

True

Question 4

If,after applying the five Biggers factors,the court finds the identification procedure reliable,the court should admit that identification,regardless of its suggestiveness.

Question 5

Any question by an officer regarding a witness's choice in identifying a suspect is suggestive.

Question 6

If a witness is a police officer,the degree of attention required may be far lower than an ordinary witness.

Question 7

Even though the use of a single photograph or show-up is highly suggestive,the court may justify its use in certain emergency or exigent circumstances.

Question 8

An officer may ask persons in a lineup to wear a disguise.

Question 9

Any case involving a legally questionable pretrial identification inevitably involves the question of whether or not the in-court identification should be admitted.

Question 10

A law enforcement officer should intentionally delay filing a complaint,and thus delay the initiation of adversary judicial proceedings,against an accused in order to have a lineup without counsel being present.

Question 11

The five Biggers factors are an independent test for reliability and are not judged under the totality of the circumstances.

Question 12

Markings on a photo,such as: height measurements,charts,or surroundings in which a suspect is depicted,do not provide a constitutional basis to challenge a photo array.

Question 13

If an attorney is present during a post-indictment lineup,it is irrelevant whether the lineup is suggestive because an attorney will protect the suspect from an unfairly suggestive lineup.

Question 14

If a witness is not sure about a characteristic of a criminal,he or she should make a guess with respect to the description of the criminal.

Question 15

The totality of the circumstances test does not apply to photographic identification procedures.

Question 16

When a suspect who has not formally been indicted or otherwise formally charged is placed in a lineup,counsel need not be present.

Question 17

The use of both black and white and color photographs in the same array is generally discouraged.

Question 18

An identification procedure may be unnecessarily suggestive based solely on the make-up or content of the lineup or photo array.

Question 19

If a pretrial identification procedure is suggestive,the identification is admissible if the identification is reliable.

Question 20

An out-of-court identification which is illegal will make an identification made at trial inadmissible.

Question 21

The most important thing in creating a lineup or photo array is:

A)That the lineup or array includes persons of different races.
B)That the lineup or array includes persons who match the defendant's general physical description.
C)That the lineup or array includes persons of the same race.
D)That the lineup or array includes persons of similar age.

Question 22

An officer should tell a witness that the photo array or lineup includes a defendant already in custody in order to facilitate a witness's choice.

Question 23

Which of the following is not considered a critical stage which requires counsel to be present when the police attempt to have a witness or victim identify a suspect?

A)Arrest
B)Preliminary hearing
C)Indictment
D)Arraignment

Question 24

The certainty of a witness is used in conjunction with other factors of reliability in determining if an identification is reliable under the totality of the circumstances.

Question 25

Which of the following is least likely to greatly increase the dangers of misidentification?

A)The police display to the witness only the picture of a single individual who resembles the person that the victim saw.
B)The police show the witness several persons among which the photograph of a single individual recurs or is in some way emphasized.
C)The police indicate to the witness that the photos may or may not contain the possible suspect.
D)The police indicate to the witness that they have other evidence that one of the persons pictured committed the crime.

Question 26

What standard must the prosecution meet in order to show that the witness's identification was not influenced by a tainted pretrial identification?

A)Preponderance of the evidence
B)Fair probability
C)Clear and convincing
D)Reasonable certainty

Question 27

Under which one of the following conditions would an identification procedure most likely not be considered unnecessary?

A)There is an emergency or exigent circumstance.
B)There is a growing lapse of time between the crime and the identification.
C)The witness's memory of the identification is fading.
D)The police have a suspect in custody.

Question 28

According to the U.S.Justice Department report released in 1999 (Eyewitness Evidence: A Guide for Law Enforcement),the same fillers should be used in lineups when a new suspect is shown to the same witness.

Question 29

Effective cross-examination at trial can lessen the effects of possible misidentification.

Question 30

When viewing whether a case involves an unnecessarily suggestive photographic show-up,the court

A)invokes a per se rule that photo show-ups are unnecessarily suggestive.
B)looks to the totality of the circumstances.
C)looks to the totality of the circumstances measured by a requirement that the identification possess certain features of reliability.
D)looks solely to the reliability of the identification.

Question 31

The witness's degree of attention is judged by:

A)The totality of the circumstance.
B)The duration of the witness's opportunity to view the criminal.
C)The witness's accuracy in description.
D)The level of certainty demonstrated by the witness.

Question 32

The best example of when an identification procedure may be unnecessarily suggestive is when:

A)A witness is critically injured in a hospital and a suspect is brought to the hospital to be identified.
B)A lineup consists of similarly looking people fitting the defendant's physical characteristics.
C)A police brings a suspect face-to-face with a witness to be identified.
D)A six-pack photo array consists of five white suspects and one African-American suspect.

Question 33

If there is an unnecessary delay in formally charging an accused the court will:

A)Admit a lineup conducted without the presence of counsel because formal adversary proceedings have not begun.
B)Not admit a lineup conducted without the presence of counsel even though formal adversary proceedings have not begun.
C)Admit the lineup conducted without the presence of counsel even though the defendant demonstrates that despite the absence of formal adversary judicial proceedings,the government had crossed the constitutional significant divide from fact finder to adversary.
D)Not admit the lineup conducted without the presence of counsel because the defendant demonstrates that despite the absence of formal adversary judicial proceedings,the government had crossed the constitutional significant divide from fact finder to adversary.

Question 34

All of the following may be factors in determining reliability based on the witness's opportunity to view the criminal at the time of the crime EXCEPT:

A)Duration of time.
B)Frequency the witness saw an accused.
C)Distance in which the witness stood to the criminal.
D)Whether the witness viewed the criminal for at least one minute.

Question 35

Where an identification may be suggestive,the five factors set out in Biggers allow the trial court to determine:

A)Whether the witness has an independent basis for his or her in-court identification.
B)Whether a pre-indictment identification is suggestive.
C)Whether a post-indictment identification is suggestive.
D)Whether a witness is trustworthy.

Question 36

If a defendant is shown several times in a photo array,the procedure is not suggestive if the defendant looks slightly different in each photo.

Question 37

Although a long interval between the crime and the identification can be a serious negative factor against a reliable identification it is usually not enough to invalidate an otherwise reliable identification.

Question 38

Which of the following would least likely constitute a photo identification that is suggestive?

A)The use of both black-and-white and color in the same photo array.
B)There is substantial difference in the quality of the photos.
C)The accused's photo contains a height measurement chart.
D)The accused's photo is shown in color along with five other black and white mug shots.

Question 39

Identifications made prior to initiation of adversary judicial proceedings are scrutinized under which of the following?

A)5^th Amendment
B)6^th Amendment
C)5^th and 14^th Amendments
D)4^th and 5^th Amendments

Question 40

A good photo identification procedure would include all of the following,except:

A)Photocopy of the actual six-pack array.
B)Keep the array that the witness chose.
C)Record what other arrays were shown to the witness.
D)Place a suspect's mug shot in several arrays.

Question 41

Which of the following would least likely be considered a neutral inquiry into a witness's choice?

A)"Which one of these six photos did you choose?"
B)"The suspect was in this array.Were you able to pick him out?"
C)"Did you choose anyone from this array?"
D)"Did you have a chance to slowly and carefully look through this set of photos?"

Question 42

Which of the following is least likely to be a level of certainty that a court is willing to accept as a reliable identification by a witness?

A)The witness believes a non-suggestive photo array "looks like" the criminal.
B)The witness is 95% certain of the initial identification.
C)The witness is almost 99% certain of the identification at the initial identification.
D)The witness is almost 99% certain of the identification of a suspect only after a suggestive identification procedure.

Question 43

What test does the court apply to determine whether or not the in-court identification is trustworthy?

Question 44

If a witness is not certain of a suspect's identity at the initial confrontation,but is certain of the identity after a suggestive identification procedure,the court will likely:

A)Credit the identification as reliable.
B)Not credit the identification as reliable.
C)Find the suggestiveness irrelevant because the witness is certain of the identification.
D)Consider how suggestive the procedure was.

Question 45

When a witness is certain of the identification of a suspect after a suggestive identification procedure,the court will be concerned with the reliability of the identification because:

A)The suggestiveness of the procedure overbears the witness's willpower.
B)The witness's identification is based on the suggestive procedure.
C)The witness retains in his or her memory the image of the suggestive photo or lineup rather than that of the person actually seen,thus causing irreparable misidentification.
D)A suggestive procedure makes a witness's identification unreliable regardless of whether a witness is certain of the identification.

Question 46

Which of the following is not among the three basic types of identification procedures?

A)Voice identification.
B)Show-ups.
C)Lineups.
D)Photographic array.

Question 47

How can a witness identification of a perpetrator be permitted at trial where a witness's ability to identify a person might result from an illegal lineup?

Question 48

What are the five factors used to test the reliability of an identification?

Question 49

Police stations are not theatrical casting offices.What standard and test is used to determine whether a lineup or photo array includes persons matching a defendant's general physical description?

Question 50

What standard is applied by the court to determine whether an identification procedure was unnecessarily suggestive?

Question 51

If a court finds an identification procedure to be unnecessary and suggestive what must the court then determine?

Question 52

List and describe the three basic types of identification procedure.

Question 53

The five factors set out in Biggers allow the court to determine all of the following EXCEPT:

A)The reliability of a lineup identification.
B)The reliability of a photographic array identification.
C)Whether an identification procedure was suggestive.
D)Whether there was an independent basis for the witness's in-court identification.

Question 54

Which of the following is false about a post-indictment identification procedure where counsel is not present?

A)The denial of counsel effectively results in an illegal identification procedure.
B)The testimony which is a result of a denial of counsel is excluded from reference to it at trial.
C)The court will not allow an in-court identification of the defendant even if the witness's ability to identify a person is based on an independent source.
D)The denial of counsel during a post-indictment identification procedure is a violation of a defendant's Sixth Amendment rights.

Question 55

Why is it necessary for counsel to be present at a post-indictment lineup?

Question 56

Where a defendant has been denied his or her Sixth Amendment right to counsel during a post-indictment pretrial lineup the court will:

A)Automatically reverse the conviction.
B)Automatically order a new trial.
C)First give the government the opportunity to establish by clear and convincing evidence that the pretrial lineup was not unnecessarily suggestive.
D)First give the government the opportunity to establish by clear and convincing evidence that the in-court identification was based upon an independent source.

Question 57

When does a critical stage begin?

Question 58

The U.S.Justice Department released a report in 1999 (Eyewitness Evidence: A Guide for Law Enforcement).Which of the following is false about the suggestions offered by the Guide regarding photo arrays?

A)Individual photos should be placed in random order.
B)The photos in the array should be viewed together.
C)The witness should be told to take as much time as needed with each photo.
D)The officer should avoid reporting any information to the witness about the individual selected prior to the witness's statement of certainty.

Question 59

Which of the following is the most suggestive identification procedure?

A)Repeated encounters between the witness and the suspect.
B)Repeated presentation of images of the same suspect in a single photographic array.
C)Presenting a single person or photo to a witness.
D)Photographs of different quality within an array.

Question 60

What must the court first determine if a question is raised about the suggestiveness of a pretrial identification?

Question 61

What are the two issues surrounding the certainty of a witness?

Question 62

According to the U.S.Justice Department report released in 1999 (Eyewitness Evidence: A Guide for Law Enforcement),what is the best way to use and present fillers in a lineup?

Question 63

What is the best way to ensure that time (length of time between the crime and the identification)will not be a negative factor?