Question 1

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

Accepted Answer

Choice B suggests a presumption that the suspect is included in the photo array, potentially biasing the witness's response.

Question 2

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?

Accepted Answer

A suggestive identification procedure can lead to a higher likelihood of misidentification, so a court is unlikely to accept an identification as reliable if it is made only after a suggestive procedure. Choices A, B, and C all indicate a level of certainty in the identification, and while the court may consider other factors when evaluating the reliability of the identification, these levels of certainty are generally more acceptable than an identification made after a suggestive procedure.

Question 3

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

Accepted Answer

The answer of What test does the court apply to...

Question 4

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:

Accepted Answer

The fact that the witness was uncertain during the initial confrontation suggests that their memory may not have been accurate. A suggestive identification procedure can lead to false memories and therefore, the identification cannot be considered reliable.

Question 5

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:

Accepted Answer

The court is concerned that the witness may remember the suggestive image rather than the actual person, leading to a potential misidentification.

Question 6

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

Accepted Answer

The three basic types of identification procedures are show-ups, lineups, and photographic arrays. Voice identification is not one of the basic types of identification procedures.

Question 7

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?

Accepted Answer

The answer of How can a witness identification of a...

Question 8

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

Accepted Answer

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Question 9

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?

Accepted Answer

The answer of Police stations are not theatrical casting offices.What...

Question 10

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

Accepted Answer

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Question 11

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

Accepted Answer

The answer of If a court finds an identification procedure...

Question 12

List and describe the three basic types of identification procedure.

Accepted Answer

The answer of List and describe the three basic types...

Question 13

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

Accepted Answer

The five factors set out in Biggers are used to determine the reliability of eyewitness identification, not whether an identification procedure was suggestive. That determination is a separate legal analysis.

Question 14

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

Accepted Answer

The statement that 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 is false. In fact, if the prosecution can prove that the in-court identification is based on an independent source, it may be admissible. However, the fact that the defendant was identified in a post-indictment identification procedure without counsel present can still be used to challenge the reliability of the identification.

Question 15

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

Accepted Answer

The answer of Why is it necessary for counsel to...

Question 16

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

Accepted Answer

The court will first allow the government to prove by clear and convincing evidence that the in-court identification of the defendant was based on an independent source, separate from the potentially flawed pretrial lineup, thus safeguarding the defendant's Sixth Amendment rights while maintaining the integrity of the judicial process.

Question 17

When does a critical stage begin?

Accepted Answer

The answer of When does a critical stage begin?...

Question 18

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?

Accepted Answer

The guide suggests that the photos in the array should be viewed one at a time, not together, to prevent comparison among photos and to encourage the witness to focus on each photo individually.

Question 19

Which of the following is the most suggestive identification procedure?

Accepted Answer

Presenting a single person or photo to a witness is considered the most suggestive identification procedure because it does not give the witness a choice among multiple options, potentially leading to a biased or influenced identification.

Question 20

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

Accepted Answer

The answer of What must the court first determine if...

Quiz 10: Exclusionary Rule-Identification Procedures