Question 1

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

Accepted Answer

Confrontation is the generic term for any type of presentation of a suspect in person to a victim to identify the perpetrator.

Question 2

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

Accepted Answer

The United States Supreme Court has held that identifications that occur under questionable circumstances should not be admitted in court. This is because they may not be reliable and may violate the defendant's due process rights.

Question 3

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

Accepted Answer

The Wade-Gilbert rule, established by the U.S. Supreme Court, states that a suspect has the right to counsel during postindictment lineups, as it is considered a critical stage of the prosecution.

Question 4

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

Accepted Answer

The reliability of identification evidence is the most important factor in determining its admissibility, as unreliable evidence could lead to wrongful convictions. Procedural due process violations and police abuses may be relevant factors, but they do not outweigh the importance of reliability in identifying the perpetrator of a crime. Substantive due process rights are not directly relevant to the admissibility of identification evidence.

Question 5

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

Accepted Answer

The Yerkes-Dodson law states that there is an optimal level of stress that enhances attention and memory performance. This level is typically described as a moderate or medium level of stress. If stress levels are too low, there may be insufficient motivation or arousal to properly engage in tasks; if stress levels are too high, the person may become overwhelmed and unable to focus on the task at hand.

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

Accepted Answer

A photographic showup is a procedure where the police present a single photograph of a suspect to the victim or witness for identification. This is typically done soon after the crime has occurred, when the offender may be in the vicinity or when the victim's memory is still fresh. A photographic lineup, on the other hand, involves showing the witness a set of photographs, including one of the suspect, and asking them to identify the suspect. A photographic confrontation is a generic term that refers to any situation where the witness is shown a photograph or confronted with the suspect in person for identification. Photographic identification is a broader term that encompasses all forms of identification using photographs, including showups and lineups.

Question 7

A suspect may waive the right to counsel at the confrontation

Accepted Answer

A suspect can waive the right to counsel at the confrontation even if they refuse to sign the waiver form. The waiver can also be made verbally or through conduct. However, it is advised to have counsel present during any questioning to ensure the suspect's rights are protected. The choice C is incorrect as having counsel present is not a requirement for a suspect to waive their right to counsel. The choice D is incorrect as a suspect may waive their right to counsel without initiating 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 _________.

Accepted Answer

The statement mentions that many issues with eyewitness identifications are not under police control. Therefore, the focus should be on reducing suggestibility in police practices, which is something they can control. The other options either do not address the issue of reducing error in eyewitness identification or involve actions that are not entirely in the control of the police.

Question 9

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

Accepted Answer

Memory is the unconscious process of acquiring, retaining, and recalling past experiences. It involves encoding, storage, and retrieval of information. Sensory experience refers to the immediate impression of a stimulus on sensory organs, perception is the interpretation of sensory information, and overload refers to the excessive amount of information that exceeds our capacity to process it.

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?

Accepted Answer

The answer of Police are in the initial stages of...

Question 11

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

Accepted Answer

A showup identification is generally only appropriate when the suspect is apprehended near the scene of the crime shortly after it was committed, as it allows for a prompt identification while the witness's memory is still fresh. In options B, C, and D, other identification procedures such as a lineup would be more appropriate.

Question 12

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

Accepted Answer

Requiring a person in custody to appear in a lineup does not violate the Fourth Amendment right to privacy or the Fifth Amendment privilege against self-incrimination. The Fourth Amendment primarily deals with search and seizure issues, and the Fifth Amendment protects against self-incrimination, but appearing in a lineup is considered non-testimonial and does not trigger self-incrimination rights.

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 __________________.

Accepted Answer

The term used to describe easily changeable facial characteristics is "malleable." A and B are not accurate terms in this context, and "reifying" would not fit either, as it refers to the process of making something concrete or real, rather than the changeability of 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:

Accepted Answer

The presence of the defense attorney during a post-indictment pre-trial lineup is considered a "critical stage" because it is an opportunity for effective cross-examination of the witness, which is crucial for building a defense during later stages of the criminal prosecution. It is not about allowing the suspect to control the process or procedures or to assert their right to not participate in the lineup.

Question 15

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

Accepted Answer

The answer of ?Police want to require a person not...

Question 16

A lineup should be conducted

Accepted Answer

Lineups should be conducted as soon after arrest as practicable to ensure the accuracy of witness identifications and to preserve the integrity of the identification process.

Question 17

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

Accepted Answer

The Sixth Amendment right to counsel includes the right to assistance of counsel at all critical stages of the proceedings, which generally includes arraignment, plea bargaining, and trial. However, it does not necessarily mean that the accused has the right to counsel at all times, and it does not guarantee the right to silence. The right to due process of law is a broader constitutional right that applies to all criminal proceedings, but it is not specific to the Sixth Amendment. Therefore, the best choice is (C).

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

Accepted Answer

A lineup is a procedure where a group of individuals is presented to a victim or witness of a crime in an attempt to identify the perpetrator. This is usually done shortly after the crime has occurred and is one method of pretrial identification. A showup is a similar procedure but involves presenting only one individual, which is generally considered less reliable. A confrontation is a term that could refer to any meeting between a suspect and a victim or witness, and pretrial identification refers to the overall process of identifying suspects before a trial.

Question 19

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

Accepted Answer

The defense attorney should not be allowed to control any part of the proceedings but should be allowed to take notes, observe all the proceedings, and possibly tape record them.

Question 20

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

Accepted Answer

The accused is entitled to the assistance of counsel of their choice, but if their own attorney cannot be present in time, the confrontation can only be delayed until substitute counsel can be present. This is because the right to counsel does not extend to an absolute right to the presence of a specific attorney at a particular time and place. As long as the accused has adequate representation, the confrontation may proceed without delay.

Quiz 14: Pretrial Visual Identification Procedures