Question 1

Due process requires that identification procedures be basically

Accepted Answer

Due process requires that identification procedures be fair, but does not necessarily require them to be error-free or totally non-suggestive. The accuracy of the identification procedure must also meet a reasonable standard, but this is not the only requirement for due process.

Question 2

An identification procedure that involves only the suspect and the victim is called a/an

Accepted Answer

A showup is a form of identification procedure in which only the suspect and the victim are present, and the victim is asked to identify whether or not the suspect is the perpetrator. The other options, lineup and photographic display, involve multiple suspects being presented to the victim for identification, and arraignment is a legal proceeding in which a defendant is formally charged with a crime.

Question 3

Assuming there is no questioning of the suspect,and the suspect appears voluntarily at the lineup,which of the following rights is the only one that applies at all lineups,no matter when they occur?

Accepted Answer

The right to due process applies to all lineups, regardless of when they occur. This means that the lineup must be conducted fairly and impartially, with proper identification procedures in place, and the suspect must be given notice of the lineup in advance. The other rights listed, such as the right to counsel and the privilege against self-incrimination, may also apply to some lineups but not necessarily all of them. Double jeopardy does not apply at all to lineups, as it pertains to being tried for the same crime twice.

Question 4

A suspect is not entitled to Miranda warnings before being put into a lineup because

Accepted Answer

Miranda warnings are only required when there is custodial interrogation, meaning the suspect is in custody and being questioned by law enforcement. Lineups do not involve questioning or interrogation, and therefore Miranda warnings are not required before placing a suspect in a lineup. The privilege against self-incrimination applies any time a suspect is being questioned or providing testimonial evidence, regardless of whether it is in a court proceeding. However, since there is no questioning or testimonial evidence required in a lineup, the privilege against self-incrimination is not implicated. Lineups are considered a critical stage in the proceedings, but that is not directly relevant to whether Miranda warnings are required.

Question 5

In 1998,the federal government opened a ________national database.

Accepted Answer

The best choice is DNA as it is the most comprehensive and unique identifier compared to the other options. Fingerprint and voiceprint can be altered or damaged, while blood type only provides limited information. DNA can provide detailed genetic information, which makes it useful for identification purposes in criminal and medical fields.

Question 6

In a courtroom situation,DNA testing functions to

Accepted Answer

The answer of In a courtroom situation,DNA testing functions to
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Question 7

In United States v.Wade,the Supreme Court held that a suspect is entitled to an attorney at a lineup if that lineup is held after

Accepted Answer

In United States v. Wade, the Supreme Court ruled that a suspect has the right to have an attorney present at a lineup if the lineup occurs after the individual has been formally charged (indicted). This decision emphasizes the importance of legal representation during critical stages of the criminal process to ensure the fairness and integrity of the proceedings.

Question 8

The role of the suspect's attorney at a lineup is to

Accepted Answer

The suspect's attorney's role at a lineup is to try to ensure the lineup is conducted fairly, protecting the suspect's rights by observing the procedure and objecting to any aspect that might be prejudicial.

Question 9

Miranda warnings must be given to any suspect in police custody who is

Accepted Answer

Miranda warnings must be given to any suspect in police custody who is interrogated by the police. This is because the warnings are intended to inform the suspect of their rights to remain silent and have an attorney present during questioning, and the purpose of the warnings is to protect the suspect's Fifth Amendment right against self-incrimination. Miranda warnings are not required for showups, lineups, or photographic displays, although these procedures may be subject to other constitutional protections depending on the circumstances.

Question 10

The privilege against self-incrimination does not apply to identification procedures,because that privilege applies only to________ evidence.

Accepted Answer

The privilege against self-incrimination only applies to testimonial or communicative evidence, meaning evidence that is obtained through someone's spoken or written statements. Identification procedures, such as lineups or photo arrays, do not involve statements made by the individual and therefore do not implicate the privilege against self-incrimination.

Question 11

A suspect in a lineup is ordered to repeat the same words used by the perpetrator of the crime or is ordered to give a voice exemplar (sample)for scientific analysis.This procedure violates

Accepted Answer

The right to an attorney is implicated if the suspect has been formally charged (indicted) and the attorney is not present during a critical stage like a lineup.

Question 12

Claims of Fourth Amendment violations with respect to warrantless seizures do not usually prevail in lineup and showup cases because

Accepted Answer

The answer of Claims of Fourth Amendment violations with respect...

Question 13

Which of the following rights applies to all lineups?

Accepted Answer

Due process applies to all lineups to ensure fairness and protect against wrongful identification.

Question 14

Due process in a lineup means that the lineup must not be

Accepted Answer

Due process in a lineup means that the lineup must not be unfair or impermissibly suggestive. Both options A and B are necessary for a lineup to be considered constitutional under the Due Process Clause of the 14th Amendment.

Question 15

A suspect in a lineup or showup has a Sixth Amendment right to an attorney at that proceeding

Accepted Answer

The Sixth Amendment right to counsel is triggered once formal charges or proceedings have begun, so the suspect would only have the right to an attorney at a lineup or showup if they have already been formally charged or subject to formal proceedings. Option D is incorrect because the Sixth Amendment does not provide an absolute right to counsel at all times, only during certain critical stages of a criminal prosecution. Option A is incorrect because it suggests that the right to counsel applies only before being charged, which is not the case. Option C is incorrect because it suggests that a defendant would have to be able to afford an attorney in order to exercise their right to counsel, which is also not the case.

Question 16

The totality of the circumstances test is used to determine if a pretrial identification procedure has violated which right?

Accepted Answer

The totality of the circumstances test is used to determine if a pretrial identification procedure has violated the defendant's right to due process. This test considers the reliability of the identification, the opportunity of the witness to view the perpetrator, the timing and manner of the identification, and the suggestiveness of the identification procedure. It is used to evaluate whether the identification process was fair and reliable, and whether it may have led to a wrongful conviction.

Question 17

The due process requirement of fairness is violated if identification procedures are

Accepted Answer

Identification procedures that are impermissibly suggestive, such as showing a witness only one photo of the suspect or using a lineup where the suspect stands out, violate the due process requirement of fairness.

Question 18

Which of the following types of evidence has the strongest scientific foundation?

Accepted Answer

DNA testing has the strongest scientific foundation because it is based on the analysis of genetic material, which is unique to every individual and can be accurately matched to evidence found at a crime scene. Polygraph and lie detector tests are unreliable and have been deemed inadmissible as evidence in many jurisdictions. Hypnotically refreshed testimony has also been criticized as being unreliable due to the potential for therapist suggestion and memory distortion.

Question 19

Which of the following rights at identification procedures is dependent upon whether or not the suspect has been formally charged or subjected to adversary judicial proceedings?

Accepted Answer

The Sixth Amendment right to an attorney applies only after a suspect has been formally charged or subjected to adversary judicial proceedings. Prior to this point, the suspect does not have a right to an attorney during identification procedures. The other options (A, B, and D) apply regardless of the suspect's formal charging status.

Question 20

Which of the following identification procedures is generally the most likely to be suggestive?

Accepted Answer

A showup involves bringing a suspect to the victim or witness shortly after the crime occurred, and can lead to suggestive identification because the witness may feel pressure to identify someone. Lineups and photo displays are typically less suggestive and allow for a fairer identification process. DNA testing does not involve identification of suspects or witnesses, but rather compares biological evidence found at the crime scene to a known sample of DNA.

Quiz 10: Lineups and Other Pretrial Identification Procedures