Question 1

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

Accepted Answer

Foils are individuals in a lineup who are not suspects and are used to distract or confuse eyewitnesses.

Question 2

DNA is unique to all individuals except _____.

Accepted Answer

Identical twins have the same genetic code because they come from the same fertilized egg. Therefore, their DNA is identical.

Question 3

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

Accepted Answer

Drive-bys are not a form of eyewitness identification. This is because drive-bys involve a witness driving by a suspect or crime scene and simply observing and providing testimony, rather than identifying the perpetrator through a specific identification procedure like a lineup, photographic identification, or showup.

Question 4

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

Accepted Answer

If the defense is able to sufficiently show that a photographic identification was suggestive, the burden shifts to the prosecution to demonstrate the reliability of the result. This is known as the "burden of proof by a preponderance of the evidence" and is the standard used in determining the admissibility of evidence.

Question 5

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

Accepted Answer

The answer of The U.S. Supreme Court has held that...

Question 6

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

Accepted Answer

The answer of Of the three stages of eyewitness identification,...

Question 7

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

Accepted Answer

This is known as the right to counsel and is guaranteed by the Sixth Amendment to the United States Constitution. Critical stages include, but are not limited to, custodial interrogation, arraignment, plea bargaining, and trial.

Question 8

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.

Accepted Answer

The U.S. Supreme Court ruled in Kirby v. Illinois (1972) that the right to counsel does not apply to lineups conducted during the investigative stage (preindictment) because of the potential delay and inefficiency caused by the presence of an attorney.

Question 9

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

Accepted Answer

The right to counsel during the criminal process actually stems from the Sixth Amendment. The Fourth Amendment deals with search and seizure.

Question 10

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

Accepted Answer

In a blind administration, the person conducting the lineup or photo array does not know who the suspect is, preventing any unintentional cues or biases from influencing the eyewitness's identification.

Question 11

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

Accepted Answer

The Daubert test is considered more lenient and inclusive than the Frye test. Under the Daubert test, a broader range of scientific evidence can be admissible in court as long as it meets certain criteria, including having been tested, peer-reviewed, and generally accepted in the scientific community. The Frye test, on the other hand, only allows for evidence that has gained general acceptance in the relevant scientific community.

Question 12

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.

Accepted Answer

The answer of One common practice the court condemned in...

Question 13

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.

Accepted Answer

The Daubert test is used to determine the admissibility of expert scientific testimony in federal court. It involves a judge evaluating whether a technique has been tested, peer-reviewed, and has a known error rate, among other criteria. In contrast, the Frye test only considers whether a technique has gained general acceptance in the relevant scientific community. The other options, Mahone and Merrell, do not refer to any known legal tests.

Question 14

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.

Accepted Answer

The U.S. Supreme Court has not explicitly held that a showup following arrest but before the initiation of adversarial criminal proceedings is a critical stage of criminal prosecution. However, some lower courts have extended the right to counsel to this stage in certain circumstances.

Question 15

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?

Accepted Answer

The method named after a Paris police officer is called the Bertillon method, also known as anthropometry. It involved precise physical measurements and identification of unusual physical characteristics to identify criminals.

Question 16

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

Accepted Answer

Polygraph results are generally not admissible as evidence in federal district courts except under special and limited circumstances such as when both parties agree to its admission or if the results are used to impeach a witness's credibility. Even then, the results must be presented by an expert witness and the judge must decide whether they are reliable enough to be admitted.

Question 17

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.

Accepted Answer

It is true that the courts have ruled to allow the defense to call expert witnesses to explain the concerns surrounding eyewitness identification to jurors during a trial, in order to educate them on the potential pitfalls of relying on eyewitness testimony as the sole evidence in a case. This helps to avoid wrongful convictions based on inaccurate or biased eyewitness identification.

Question 18

DNA was first used in criminal cases in which decade?

Accepted Answer

The first criminal case using DNA evidence was in the UK in 1986, and it wasn't until the late 1980s and early 1990s that DNA analysis began to be used more widely in criminal investigations in other countries like the United States.

Question 19

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.

Accepted Answer

The requirement for a defendant to have counsel during a lineup depends on whether it is a critical stage of the prosecution, and the need for extra proof of waiver is not a standard requirement.

Question 20

The results from a polygraph tests are admissible in _____.

Accepted Answer

The answer of The results from a polygraph tests are...

Quiz 9: Eyewitness and Scientific Identifications