Deck 17: Eyewitness Identification

Question 1

Lineups, showups, and photographic identifications are examples of:

A) Witness verification
B) Eye witness identification
C) Seizures under the Fourth Amendment
D) Entrapment

Answer 1

B

Question 2

People innocent of the particular offense who are recruited by police to participate in a lineup include:

A) Fillers, foils, and distractors
B) Foils, distractors, and impersonators
C) Distractors, impersonators, and stand-ins
D) Impersonators, stand-ins, and fillers

Answer 2

A

Question 3

Which of the following is not one of the functions that identifications serve in the criminal justice process?

A) They narrow the range of individuals under investigation.
B) They eliminate suspects from being under investigation.
C) They are conclusive proof at trial that the person charge is the person who committed the offense.
D) They can lead to formal charges being filed against an individual.

Answer 3

C

Question 4

According to the US Supreme Court, identification of a suspect must comply with:

A) The Fourth, Fifth, and Sixth Amendments
B) The Fourth, Fifth, and Fourteenth Amendments
C) The Fifth, Sixth, and Fourteenth Amendments
D) The Fourth, Sixth, and Fourteenth Amendments

Question 5

Which of the following is not one of the three stages of eye witness identification?

A) You view the crime.
B) You remember what happened.
C) You organize and complete your memories.
D) You recall the event and identify the perpetrator.

Question 6

The primary cause of false convictions is:

A) An improper lineup
B) Misidentification of a suspect
C) Refusal to identify a suspect
D) Misleading lineups

Question 7

Perception-related factors identified by psychologists to explain misidentifications include all of the following, except:

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

Question 8

According to a 1996 study by NIJ of 28 wrongfully convicted individuals, in the majority of cases:

A) No eyewitness testimony was available, and the convictions were based on faulty circumstantial evidence.
B) The most compelling evidence in the cases was eye witness testimony that was wrong.
C) The eye witness testimony did not match the circumstantial evidence presented at trial.
D) Eye witness testimony was insufficient to sustain a conviction on appeal.

Question 9

A "victim factor" that impacts a victim's perception of what the perpetrator looked like is:

A) The person was too nervous when the crime occurred to focus on the perpetrator.
B) The victim's attention was focused on the weapon and not on the perpetrator.
C) The event happened so quickly that the victim didn't have time to process the event.
D) The victim's personal biases influenced the person's memory of what the perpetrator liked like.

Question 10

"Offender factors" that explain misidentification include:

A) People are unable to accurately identify the features of individuals from another race.
B) The perpetrator may have hidden his or her features while committing the crime.
C) People are not accustomed to paying close attention to people they encounter.
D) All of the above
E) Only a and b

Question 11

Which of the following impact a person's memory, posing a danger to eye witness identifications?

A) Memories fade and change with time.
B) Memories can be modified through the power of suggestion.
C) Human nature makes us want to forget painful memories.
D) All of the above

Question 12

Which of the following represents a threat to the accuracy of our ability to retrieve information from memory to make an identification?

A) Victims tend to select the person who most closely resembles their memory of the perpetrator.
B) Victims can be influenced, intentionally or unintentionally, by the person conducting the lineup.
C) Victims may have no vivid memory of the event and are too embarrassed to inform anyone of this.
D) Victims may simply identify someone just to put the event in their past so they can move on with their lives.

Question 13

Under the Wade-Gilbert rule, a suspect has a constitutional right to an attorney:

A) At any lineup, whether a suspect or not
B) At any post-arrest lineup
C) At any post-indictment lineup
D) At any lineup where he or she is a prime suspect

Question 14

Barry participated in a lineup at a stage in the criminal process where his right to counsel would have attached. However, at the time, Barry was not afforded legal representation nor did he waive his right to have one present at the lineup. The prosecutor intends to use the outcome of the lineup-which resulted in the victim identifying Barry as the perpetrator-at trial. Barry's attorney objects to the introduction of the lineup results. How will the court rule?

A) For the prosecution since the burden was on Barry to ensure that his rights were protected
B) For the prosecution, provided the prosecution can have the witness confirm the identification while on the witness stand
C) For the defendant, since the lineup violated Barry's constitutional right to counsel
D) For the defendant, as Barry's objection to the introduction of the lineup at trial served as his invocation of his constitutional right to an attorney

Question 15

Barry participated at a lineup at a stage in the criminal process where his right to counsel would have attached. However at the time, Barry was not afforded legal representation nor did he waive his right to have one present at the lineup. The prosecutor intends to use the outcome of the lineup-which resulted in the victim identifying Barry as the perpetrator-at trial. Barry's attorney objects to the introduction of the lineup results. In response the prosecution states that he or she will call the witness to the stand to provide an in-court identification to verify the lineup identification. Should the court rule in the prosecution's favor?

A) Yes, the in-court identification of the perpetrator by the victim will clear any taint from the lineup.
B) Yes, if the prosecutor can establish by clear and convincing that the in-court identification is not the product of an identification in which the suspect was denied his Sixth Amendment right to counsel.
C) No, any testimony pertaining to the identification of the suspect is inadmissible under the fruit of the poisonous tree.
D) No., there is no way for the prosecution to prove beyond a reasonable doubt that the lineup process was fair and impartial and did not influence the memory of the person making the identification.

Question 16

In Wade, the Court pointed to numerous instances of suggestive procedures to illustrate why defendants require the assistance of an attorney at a pretrial line. All of the following represents a common practice that the pointed out, except:

A) Everyone in the lineup other than the suspect is someone who is known to the victim.
B) The suspect in the lineup is the only person in the lineup whose physical appearance and dress matches the description of the suspect.
C) The police pointed out the suspect to the victim prior to the lineup.
D) The police discussed the person in the lineup with the victim before revealing the lineup to the victim.

Question 17

Which of the following factors that the Court cited in Gilbert are taken into consideration when deciding whether to allow in-court identification of a suspect by a victim when the defendant was not provided with an attorney when identified by the victim during a lineup?

A) Did the witness have a clear view of the crime?
B) Did the description of the person selected by the witness during the lineup match the description of the offender that the witness provided to the police?
C) Did only a short period of time elapse between the crime and the identification?
D) Only a and b
E) All of the above

Question 18

In Kirby v. Illinois the Court held that a defendant does not have the right to counsel at a showup conducted following an arrest but before his or her ____________.

A) arraignment
B) preliminary hearing
C) indictment
D) all of the above

Question 19

The reason offered by the U.S. Supreme Court for the right to a lawyer attaching after criminal proceedings are initiated is:

A) Police should not be required to slow their investigative stage and slow lineups until a defendant hires an attorney.
B) It is with the filing of formal charges, indicating that the government has decided to prosecute the accused, that the defendant needs protection, advice, and assistance.
C) The results of a showup before the initiation of criminal proceedings against the defendant are for investigative purposes and do not require the "guiding hand" of counsel.
D) Only a and b
E) All of the above

Question 20

In United States v. Wade, the U.S. Supreme Court held that an individual had no right to an attorney to observe _____________.

A) the taking of fingerprints
B) the taking of a hair sample
C) the taking of blood samples
D) only a and c
E) all of the above

Question 21

In United States v. Ash, the Court addressed the issue of whether post-indictment photographic displays required the presence of counsel and held:

A) A post-indictment photographic displays is not a "critical stage" of the prosecution and is not entitled to the presence of counsel.
B) A post-indictment photographic displays is a "critical stage" of the prosecution but is not entitled to the presence of counsel.
C) A post-indictment photographic displays is not a "critical stage" of the prosecution but is entitled to the presence of counsel.
D) A post-indictment photographic displays is a "critical stage" of the prosecution and is entitled to the presence of counsel.

Question 22

The U.S. Supreme Court has established a ____ step test to determine whether to admit identification evidence under the due process test.

A) two
B) three
C) four
D) five

Question 23

Under the due process test, the Court has adopted the ________________ test to determine the admissibility of identification evidence.

A) strict scrutiny
B) rational basis
C) totality of the circumstances
D) clear and convincing evidence

Question 24

Factors that the judge examines to determine the reliability of identification evidence under the due proves test include all of the following, except:

A) Perception
B) Suggestiveness
C) Accuracy
D) Concentration

Question 25

Under the due process test, the witness may not testify at trial that he or she identified the defendant prior to trial if the judge determines:

A) That the defendant's Sixth Amendment right to counsel has been violated
B) That there is a substantial likelihood of irreparable misidentification
C) That there is any likelihood of irreparable misidentification
D) That the identification was influenced by suggestiveness

Question 26

Single-person showups typically are conducted by the police in the following instances:

A) Immediately following a crime scene
B) At the courthouse
C) In an emergency
D) All of the above
E) Only a and c

Question 27

Which of the following does a court typically evaluate when examining the suggestiveness of a photographic identification?

A) Whether the display of the photograph singled out a particular individual
B) Whether the words, gestures, or actions of the police pointed to a particular photograph
C) Whether the police indicated that the photograph of the offender may not be included in the photos
D) All of the above
E) Only a and b

Question 28

According to the Court, the primary reason for excluding identification evidence obtained through unnecessarily suggestive circumstances is:

A) To protect the defendant's right to a fair trial
B) To prevent victims from making unsubstantiated accusations that could forever impact the liberty and reputation of the accused
C) To deter law enforcement's use of improper lineups, showups, and photo arrays
D) To ensure a fair and expeditious trial process

Question 29

In a showup, the police may stage a confrontation between the eye witness and a single suspect.

Question 30

Identification procedures must comply with the Fourth, Fifth, and Fourteenth Amendments.

Question 31

Misidentifications are the primary cause of false convictions.

Question 32

Tom was not afforded representation of counsel at his post-arraignment lineup. Tom's claim that he was denied his Sixth Amendment right to counsel will be successful.

Question 33

If the defendant's lawyer fails object to any questionable procedures used by police during a lineup, the defendant loses his or her right to question the accuracy or fairness of the lineup at trial.

Question 34

Becca raises a claim that everyone at her post-indictment lineup had a physical build that was substantially smaller than hers. Becca's experience would be viewed as a suggestive procedure.

Question 35

An arrest triggers the defendant's entitlement to counsel if the police opt to do any lineups, showups, or photographic identification procedures.

Question 36

Kelly was indicted for her role in a home invasion robbery. Following her indictment, Kelly learned that the police presented the victim with a photographic display, from which the victim identified Kelly. Kelly's claim that her Sixth Amendment right to counsel was violated will be successful, and the identification will be inadmissible.

Question 37

According to the Court, the need for an attorney at a photographic display is much less than at a lineup.

Question 38

Under the due process test, the defendant must prove by a preponderance of the evidence that the procedure used in an identification was suggestive.

Question 39

Under the due process test, after the defendant meets his or her burden of proof, the matter then is up to the judge for a determination of admissibility.

Question 40

One of the places that a single person showup is typically conducted by the police is at the courthouse.

Question 41

The U.S. Supreme Court prohibits police reliance on photographs of suspects despite the risk of misidentification.

Question 42

What are the three stages of eye witness identification?

Question 43

What are the two levels of protection that a defendant is provided with when he or she has an attorney with him or her at a lineup?

Question 44

What makes a "critical stage of a criminal procedure" critical?

Question 45

What test did the Court adopt in determining the admissibility of identification evidence under the due process test?

Question 46

Explain the difference in the Court's approach to requiring an attorney at a post-indictment lineup but not at a post-indictment photographic display. Do you agree with the Court's approach?

Question 47

Outline the four-step test involved in determining whether to admit identification evidence under the due process test established by the Court in Manson v. Brathwaite.

Question 48

Discuss the four areas courts typically evaluate when examining the suggestiveness of photographic identifications.