Deck 13: The Law Governing Identification Evidence

Question 1

Which of the following identification procedures is generally the most suggestive?

A)lineup
B)photographic display
C)victim looking through books of mug shots
D)showup

Answer 1

D

Question 2

If a criminal prosecution has begun, the defendant has a constitutional right to ____________ at a lineup.

A)have an attorney present
B)cross-examine the witnesses
C)select the other participants
D)have the lineup videotaped

Answer 2

A

Question 3

In U.S.v.Wade and Gilbert v.California, there were constitutional violations in the lineup because

A)the lineups were unreasonably suggestive.
B)police dropped hints as to who to identify.
C)no attorney was present for the defendant.
D)there were only three suspects in the lineups.

Answer 3

C

Question 4

With regard to eyewitness identification procedures, due process requirements of fairness require that

A)there be no suggestiveness in the procedure.
B)the defendant's attorney be present.
C)the identification be reliable (or justified by some emergency), even though it may have had some elements of suggestiveness.
D)lineups be used at trial to identify the perpetrator.

Question 5

Those archival studies that have been made conclude that misidentifications lead to the conviction of innocent persons about ___of the time.

A)1/2
B)1/3
C)1/4
D)3/4

Question 6

In a __________ administration of a line-up, neither the investigator administering the lineup nor the witnesses know the suspect's identity.

A)voluntary
B)custodial
C)double blind
D)multiple race

Question 7

Requiring a person in a lineup to say the same words as the perpetrator

A)is a violation of the privilege against self-incrimination.
B)can only be done if the defendant's attorney is present.
C)is generally a lawful technique.
D)can only be done if a judge is present to insure the lineup is fair.

Question 8

With regard to lineups, most agencies and organizations recommend that

A)there be a minimum of four individuals in the lineup.
B)witnesses view the lineup and make identifications in isolation from other witnesses.
C)a judge be present to insure the lineup is fair.
D)witnesses be allowed to make a group decision as to the identification.

Question 9

According to a 2008 Nebraska Law Review article, more than ___ percent of eyewitness testimony is mistaken identification.

A)40
B)10
C)30
D)50

Question 10

The National Council of Judges recommends that a lineup include a total of at least ________ similar-appearing persons.

A)four
B)five
C)six
D)seven

Question 11

According to the 2008 Columbia Law Review article entitled "Judging Innocence", the leading cause of wrongful convictions was due to:

A)Jury nullification
B)Mistakes made by judges.
C)Public defenders being unprepared.
D)Erroneous identification by eyewitnesses.

Question 12

In 2007, due to the use of DNA in criminal cases, the ___ person was found innocent.

A)75ᵗʰ
B)120ᵗʰ
C)200ᵗʰ
D)100ᵗʰ

Question 13

Composite sketches developed by police are used for identification by

A)victims.
B)witnesses.
C)perpetrators
D)both victims and witnesses.

Question 14

Spectrogram or voiceprint evidence comparing voices to determine a match

A)has been approved by the U.S.Supreme Court.
B)is admissible in all courts.
C)is admissible if the defendant agrees.
D)is not admissible in many courts.

Question 15

Experts agree that certain specific variables contribute greatly to eyewitness_____________.

A)accountability
B)satisfaction
C)misidentification
D)profiling

Question 16

Lineups are used to minimize __________.

A)suggestiveness
B)redundancy
C)stress for the victim
D)inefficiency

Question 17

Facts that show that a crime has actually taken place is referred to as the __________ of the case.

A)corpus delicti
B)burden of proof
C)totality of the circumstances
D)preponderance of the evidence

Question 18

The leading U.S.Supreme Court case on due process and eyewitness identification procedures is probably

A)Neil v.Biggers.
B)U.S.v.Wade.
C)People v.Kelly.
D)Pennsylvania v.Proctor.

Question 19

If a witness is shown only a single photograph and identifies the person in the photo as the perpetrator, the identification

A)may be suppressed because it is too suggestive.
B)will always be suppressed unless the defendant's attorney was present.
C)will not have to be suppressed if the defendant waives the privilege against self-incrimination.
D)cannot be admitted.

Question 20

Lineups properly run increase the __________of the identification evidence.

A)truthfulness
B)validity
C)suggestiveness
D)reliability

Question 21

For purposes of a legitimate lineup, witnesses should be separated and interviewed alone.

Question 22

The leading cause of the wrongful convictions was erroneous identification by eyewitnesses.

Question 23

The sequential lineup is no different than a simultaneous lineup.

Question 24

A showup is often necessary, but not in emergency situations, such as a dying victim.

Question 25

It is a violation of the privilege against self-incrimination for a suspect to be required to speak at a lineup using the same words used by the perpetrator.

Question 26

If there is more than one witness at a lineup, the witnesses should be allowed to confer before making their identification.

Question 27

One reason for misidentification happens is because not everything we see is recorded in our brains.

Question 28

Using a single photograph to obtain identification always violates due process.

Question 29

Many jurisdictions permit testimony about prior out of court identification.

Question 30

The chance of misidentification is 1.56 times more likely where the witness and the suspect are members of a different race.

Question 31

Police should always attempt to find additional evidence to corroborate the identification made by an eyewitness.

Question 32

The National Council of Judges recommends that lineups contain at least six persons.

Question 33

Voice graphs made on a spectrograph analyzes voice recordings based on intensity, frequency and time gaps.

Question 34

The National Institute of Justice reports that over 75,000 individuals annually go to trial based on eyewitness testimony.

Question 35

In crimes of rape and murder, offenders usually leave traces of tissue or fluid.

Question 36

Eyewitness identification is less reliable if the witness is of a different race than the suspect.

Question 37

Witnesses should be allowed to view the lineup as a group.

Question 38

According to the 2008 Columbia Law Review article "Judging Innocence", two-thirds of the defendants making false confessions were juveniles, mentally retarded, or both.

Question 39

Eyewitness identifications are extremely reliable.

Question 40

Biometrics is the same as a biological reference system.

Question 41

The right to an attorney at a ____________lineup was established by the Court in U.S.v.Wade.

Question 42

Single-photograph showings are suggestive; however, a prosecutor and the police could attempt to show by testimony or other evidence that the identification is sufficiently______.

Question 43

Eyewitness identifications are less reliable when the witness is of a different _________ than the suspect.

Question 44

In Foster v.CA, two lineups occurred with the suspect in both lineups.The courts held that this was a denial of ____________.

Question 45

A _______two days after the crime in a situation where the witness was dying in the hospital was upheld by the U.S.Supreme Court.

Question 46

In due process eyewitness identification cases, courts will look at the totality of the ____________.

Question 47

The group of photographs shown to a witness is called the photographic ____________.

Question 48

Discuss the Metropolitan Police Department of the District of Columbia (Washington, DC) issued instructions in regard to the use of photographs and the photographic array:

Question 49

Many businesses, apartment buildings, schools and public places have _________ cameras, which can be used as sources of obtaining identification evidence.

Question 50

A one-on-one demonstration between a victim or witness and a suspect is called a ___________.

Question 51

________should be used whenever practical and must be used in situations where show- ups would not be authorized.

Question 52

What are the possible causes of mistaken eyewitness identification? Discuss each.

Question 53

The leading U.S.Supreme Court case on due process and eyewitness testimony is Neil v._____________.

Question 54

?What are the rules for lineups as identification as defined by the National Council of Judges?

Question 55

What are other ways, other than lineups, the police can make the identification of a person as the perpetrator of a crime more reliable?

Question 56

A defendant may have a right to an attorney under the ____________ Amendment at a lineup.

Question 57

Many wrongful convictions based on faulty eyewitness testimony have been overturned because of the increased use of ____________ evidence.

Question 58

That the defendant was the perpetrator of the crime may be proved by direct or ______________ evidence.

Question 59

Lineups should be conducted to test recognition in a manner that avoids ____________.

Question 60

Discuss, define, compare, and contrast lineups, showups, and photographic displays.In general, what are the reliability benefits and suggestiveness drawbacks of each technique?

Question 61

Define the various ways a defendant can be identified as the perpetrator of a crime in a criminal courtroom.

Question 62

Define the AMBER alert system.

Question 63

?The New Jersey Court established procedures to be followed at a pre-trial hearing to determine if eyewitness identifications are admissible.List these procedures.