Question 1

The _____ states that at a pretrial, post indictment lineup, the suspect has a right to assistance of counsel.

Accepted Answer

D

Question 2

In determining the admissibility of identification evidence, the most important factor is whether _____.

Accepted Answer

The reliability of identification evidence is the most important factor in determining its admissibility. The court will consider various factors such as the witness's opportunity to observe, the accuracy of the description given, the duration of the observation, and any factors that may have affected the witness's ability to perceive or remember. Violation of due process rights or police abuses may affect the admissibility of evidence, but reliability is the primary consideration.

Question 3

In which of the following circumstances would it be appropriate to use a showup identification?

Accepted Answer

A showup identification is appropriate when police apprehend a suspect near the scene of the crime shortly after the commission of the crime. This allows the eyewitness to directly identify the suspect while it is still fresh in their memory.

Question 4

The day after a robbery, the police bring the victim to the station to view a group of a half-dozen people in hopes the victim can identify the perpetrator. What is the most specific term for this procedure?

Accepted Answer

The most specific term for the procedure described is a lineup. A lineup is a common method used by law enforcement to identify perpetrators by presenting a group of similar-looking people to a victim or witness. The goal is to see if the victim or witness can identify the person they saw committing the crime. A showup is a similar procedure, but it involves presenting a single suspect to the victim or witness rather than a group of people. Confrontation and identification are more general terms that can refer to a variety of procedures.

Question 5

The Wade-Gilbert cases held that a post-indictment pre-trial lineup is a "critical stage" of a criminal prosecution that triggers the right to counsel. The logic of the Court in reaching this conclusion was that the presence of the defense attorney will _____.

Accepted Answer

The presence of the defense attorney at a post-indictment pre-trial lineup is critical to prevent suggestive techniques that could lead to wrongful convictions. Defense attorneys can object to unfair procedures and can ensure that the lineup is conducted in a manner that is not suggestive or biased toward a particular suspect. This helps to protect the suspect's rights and prevent wrongful convictions.

Question 6

If police require a person in custody to appear in a lineup over his objection, there is _____.

Accepted Answer

Requiring a person in custody to appear in a lineup does not violate the Fourth Amendment right to privacy or the Fifth Amendment privilege against self-incrimination. The Fourth Amendment primarily deals with search and seizure issues, and the Fifth Amendment protects against self-incrimination, but appearing in a lineup is considered non-testimonial and does not trigger self-incrimination rights.

Question 7

Within an hour after a robbery, the police identify an individual whose modus operandi and description match that described by the victim. Police bring a photo of the individual. This is most accurately called a photographic _____.

Accepted Answer

This scenario describes a photographic showup, which is a procedure where a single photograph or image of a suspect is presented to a witness or victim as a potential match. This is different from a lineup, where multiple individuals are presented for identification, or a confrontation, where the accused and victim/witness meet face-to-face. The term "identification" is too broad to accurately capture the specific procedure being described.

Question 8

_____ is an unconscious process that concerns the acquisition, retention, and recall of past experience.

Accepted Answer

Sensation is the processing of sensory information from our environment, perception is the interpretation of that sensory information, and cognition refers to thinking processes such as problem-solving and decision-making. Memory, on the other hand, involves the storage and retrieval of past experiences and is largely an unconscious process.

Question 9

Police are in the initial stages of investigating a suspect for involvement in a criminal offense. The suspect has not been indicted. Police arrange for a lineup, but don't provide counsel for the defendant. In the course of conducting the lineup, police followed certain procedures that were highly suggestive to the witness called upon to participate in the lineup. Given this scenario, _____.

Accepted Answer

The answer of Police are in the initial stages of...

Question 10

If an accused requests assistance of his or her own counsel at a confrontation, how does this impact the process?

Accepted Answer

The confrontation must be delayed until substitute counsel can be present if the accused's own attorney cannot be present. This is because the accused has the right to counsel of their choice, but if that counsel cannot be present, the court must provide a substitute counsel for the confrontation. The confrontation cannot proceed without counsel present for the accused.

Question 11

An officer conducting a lineup should allow the defense attorney at the lineup to do all but which of the following?

Accepted Answer

The defense attorney should be allowed to take notes and observe all proceedings in order to properly represent their client. However, they should not be allowed to control any part of the proceedings, as that is the responsibility of the officer conducting the lineup. Taping the proceedings may also be allowed, but this would depend on local laws and regulations regarding the use of audio or video recordings in such situations.

Question 12

By which of the following may a suspect waive the right to counsel at the confrontation?

Accepted Answer

According to the Sixth Amendment, a defendant has the right to counsel at all critical stages of a criminal proceeding, including a confrontation with a witness. However, this right can be waived if the suspect does so knowingly and voluntarily. Signing a waiver form is one way to demonstrate a knowing and voluntary waiver, but it is not the only way. The suspect may also waive their right to counsel through their words or actions, even if they refuse to sign a waiver form. Therefore, option B is the best choice. Options A, C, and D are incorrect because they suggest that a suspect can only waive the right to counsel in specific circumstances, which is not true.

Question 13

Police want to require a person who is not in custody to appear in a lineup. Which statement best describes the current state of the law with respect to this situation?

Accepted Answer

It is usually accomplished by order of a court or grand jury, although some states have enacted statutes that create special procedures for doing so. While individuals who are not in custody cannot be compelled to participate in a lineup under normal circumstances, there are exceptions when a court or grand jury orders it. Some states have also enacted special procedures for conducting lineups in certain cases.

Question 14

Given the causes of misidentification, the United States Supreme Court has held that identifications that occur under questionable circumstances should _____.

Accepted Answer

The answer of Given the causes of misidentification, the United...

Question 15

Eyewitness identification is complicated by the fact that people can easily change many of their facial characteristics, such as hair style, presence or absence of facial hair, and hair color. These are called _____ characteristics.

Accepted Answer

The word "malleable" means able to be easily changed or influenced, which fits the description given in the sentence. A, B, and C are not related to the concept of changeable facial characteristics.

Question 16

A lineup should be conducted _____.

Accepted Answer

Lineups should be conducted as soon after arrest as practicable to ensure the accuracy of witness identifications and to preserve the integrity of the identification process.

Question 17

Many of the issues that make eyewitness identifications problematic are not capable of control by the police. However, there are certain practices police can follow to reduce the likelihood of error in eyewitness identification. Most of these practices focus on _____.

Accepted Answer

The passage states that many of the issues with eyewitness identifications are not controllable by police, indicating that A may not be the best choice. C is not supported by the passage at all, and D is not mentioned as a practice to reduce error in eyewitness identification. The passage specifically states that reducing suggestibility to witnesses is a key practice police can follow to reduce the likelihood of error in eyewitness identification. Therefore, B is the best answer.

Question 18

In a criminal prosecution the accused has a Sixth Amendment right to _____.

Accepted Answer

The Sixth Amendment of the United States Constitution guarantees an accused person the right to have the assistance of counsel for his or her defense. However, this right is limited to "critical stages" of the criminal proceedings, such as arraignments, preliminary hearings, and trials. Therefore, the accused has a Sixth Amendment right to assistance of counsel at all critical stages of the proceedings.

Question 19

What is the generic term applied to any type of presentation of a suspect in person to a victim to identify the perpetrator?

Accepted Answer

The answer of What is the generic term applied to...

Question 20

The Yerkes-Dodson law posits perception and memory are at their best when the person is experiencing a(n) _____ level of stress.

Accepted Answer

The Yerkes-Dodson law's curve indicates that performance improves with increased arousal or stress, but only to a certain point. After that point, performance decreases. This optimal level of stress is referred to as "moderate arousal" or "moderate stress," which aligns with choice C, medium stress level.

Quiz 14: Pretrial Visual Identification Procedures