Question 1

Which of the following constitutional provisions has NOT successfully been used to challenge an identification procedure?

Accepted Answer

The Fifth Amendment's self-incrimination clause has not been successfully used to challenge an identification procedure. This clause primarily deals with protecting individuals from being compelled to testify against themselves, rather than addressing the fairness or reliability of identification procedures, which are more directly related to the Sixth Amendment's right to counsel and the Fourteenth Amendment's due process clause.

Question 2

In which case did the Supreme Court hold that the accused is entitled to protection against procedures ?so unnecessarily suggestive and conducive to irreparable mistaken identification? as to amount to a due process violation?

Accepted Answer

Stovall v. Denno is the case where the Supreme Court held that the accused is entitled to protection against procedures "so unnecessarily suggestive and conducive to irreparable mistaken identification" as to amount to a due process violation. This case addressed the issue of identification procedures and their impact on the fairness of a trial.

Question 3

In which case did the Supreme Court hold that the accused must be provided with counsel during post-indictment lineups?

Accepted Answer

United States v. Wade (1967) established that the Sixth Amendment right to counsel applies to post-indictment lineups, requiring that an accused be provided with legal representation during such procedures to ensure fairness and the protection of the accused's rights.

Question 4

If a person is not already in custody, the police must have what justification in order to ?seize? that person for compelled participation in the lineup?

Accepted Answer

The answer of If a person is not already in...

Question 5

What justification is necessary in order to compel a person who is already in custody to participate in a lineup?

Accepted Answer

No justification is necessary because participating in a lineup is considered a non-testimonial evidence gathering procedure, which does not require probable cause or reasonable suspicion.

Question 6

In which case did the Supreme Court hold that an illegally conducted lineup does NOT invalidate later identifications resulting from an ?independent source??

Accepted Answer

In United States v. Wade, the Supreme Court held that an illegally conducted lineup does not invalidate later identifications if they can be shown to have an independent source, separate from the illegal lineup.

Question 7

If a suspect refuses to participate in a lineup, he or she can be:

Accepted Answer

A suspect can be cited with contempt of court if they refuse to participate in a lineup when lawfully ordered to do so. Contempt of court is a legal tool used to enforce court orders, including participation in lineups.

Question 8

Which of the following help ensure a reliable lineup?

Accepted Answer

All of the options listed contribute to ensuring a lineup is fair and reliable. Having at least five people in the lineup helps prevent undue focus on the suspect, ensuring all persons in the lineup share similar physical characteristics avoids singling out the suspect based on appearance, and allowing the suspect to choose their position in the lineup helps prevent any unintentional bias in their placement.

Question 9

________ are always preferable to showups.

Accepted Answer

Lineups are preferable to showups because they involve presenting multiple individuals to a witness, reducing the risk of misidentification compared to a single suspect showup.

Question 10

________ are sometimes desirable to facilitate prompt identification when time is of the essence.

Accepted Answer

Showups are sometimes used because they allow for a quick identification process, which can be crucial in the early stages of an investigation.

Question 11

An overly suggestive lineup violates:

Accepted Answer

An overly suggestive lineup violates the Fourteenth Amendment's due process clause, which ensures fair procedures and protection against wrongful convictions.

Question 12

The accused enjoys ________ during identification procedures.

Accepted Answer

Due process protections are afforded to the accused during identification procedures to ensure fairness and prevent wrongful convictions.

Question 13

When a witness identifies the suspect for the first time in court, this is best known as:

Accepted Answer

The answer of When a witness identifies the suspect for...

Question 14

Showups consist of:

Accepted Answer

Showups typically involve the presentation of a single suspect to a witness for identification, not a lineup of multiple individuals.

Question 15

At which point in time past the crime will a showup usually be considered invalid?

Accepted Answer

Showups are generally considered to be most reliable when conducted shortly after the crime, ideally within an hour. Beyond sixty minutes, the reliability of identification by witnesses can decrease significantly, making showups potentially invalid or less reliable.

Question 16

Which of the following constitutional provisions place(s) restrictions on identification procedures?

Accepted Answer

The answer of Which of the following constitutional provisions place(s)...

Question 17

Which of the following is NOT type of identification procedure?

Accepted Answer

Social media page array is not a recognized formal identification procedure used by law enforcement or in legal contexts, unlike lineups, showups, and photographic arrays which are standard methods.

Question 18

A photographic array consisting of one picture may be sanctioned if:

Accepted Answer

A photographic array consisting of one picture may be sanctioned if all the conditions listed are met: the witness had ample time to view the suspect, paid special attention to the suspect, and provided an accurate description. These factors contribute to the reliability of the identification.

Question 19

If an in-court identification is influenced by an out-of-court identification, it is called a(n):

Accepted Answer

Tainted identification refers to a situation where an in-court identification of a suspect is influenced by previous out-of-court identifications, potentially compromising the reliability of the identification process.

Question 20

When identification procedures violate constitutional provisions, the results from such procedures cannot be considered:

Accepted Answer

The answer of When identification procedures violate constitutional provisions, the...

Quiz 9: Identifications