Question 1

Even if there is no Sixth Amendment right to counsel violation,an identification may still be excluded on other grounds.

Accepted Answer

Even if the Sixth Amendment right to counsel is not violated, a court may still exclude an identification if it was obtained in violation of the defendant's due process rights or if it was unnecessarily suggestive and unreliable.

Question 2

The Exclusionary Rule extends to post-indictment pretrial lineups where a defendant has been denied his or her Sixth Amendment right to counsel.

Accepted Answer

The Supreme Court ruled in United States v. Wade (1967) that the exclusionary rule applies to post-indictment pretrial lineups where a defendant has been denied his or her Sixth Amendment right to counsel.

Question 3

An in-court identification that is tainted denies a suspect Due Process.

Accepted Answer

An in-court identification that is tainted, meaning the witness was influenced by an improper prior identification, suggests a strong likelihood of misidentification and thus denies the suspect Due Process. Such identifications are considered unreliable and may violate the suspect's constitutional rights.

Question 4

If,after applying the five Biggers factors,the court finds the identification procedure reliable,the court should admit that identification,regardless of its suggestiveness.

Accepted Answer

The Biggers factors are used to assess the reliability of an eyewitness identification, and if, after applying these factors, the court finds the identification to be reliable, it can admit the identification evidence despite any suggestiveness in the procedure used to obtain it. The focus is on the reliability of the identification itself.

Question 5

Any question by an officer regarding a witness's choice in identifying a suspect is suggestive.

Accepted Answer

Not all questions by an officer regarding a witness's choice in identifying a suspect are suggestive. The suggestiveness depends on how the question is phrased and the context in which it is asked. Neutral questions intended to clarify a witness's statement or to gather more detailed information without leading the witness to a particular answer are not considered suggestive.

Question 6

If a witness is a police officer,the degree of attention required may be far lower than an ordinary witness.

Accepted Answer

The degree of attention required for a police officer witness may be lower than an ordinary witness because police officers are trained to observe and report accurately.

Question 7

Even though the use of a single photograph or show-up is highly suggestive,the court may justify its use in certain emergency or exigent circumstances.

Accepted Answer

The statement is true. In certain emergency or exigent circumstances, the court may justify the use of a single photograph or show-up, despite its highly suggestive nature. For example, if the eyewitness is in a state of high stress or trauma, they may be unable to remember important details about the suspect's appearance, making it necessary for law enforcement officers to use a single photograph or show-up to identify the suspect quickly. However, in general, the use of more reliable identification procedures, such as lineups, is recommended to prevent wrongful convictions.

Question 8

An officer may ask persons in a lineup to wear a disguise.

Accepted Answer

An officer may ask persons in a lineup to wear a disguise to prevent the witness from identifying the suspect based solely on their appearance.

Question 9

Any case involving a legally questionable pretrial identification inevitably involves the question of whether or not the in-court identification should be admitted.

Accepted Answer

This statement is true, as the admissibility of the in-court identification is often influenced by the legality and reliability of the pretrial identification.

Question 10

A law enforcement officer should intentionally delay filing a complaint,and thus delay the initiation of adversary judicial proceedings,against an accused in order to have a lineup without counsel being present.

Accepted Answer

This would be a violation of the accused's right to counsel and due process, and is therefore illegal. Deliberately delaying the filing of a complaint in order to gain an advantage in a lineup would be considered unethical and potentially illegal conduct by law enforcement.

Question 11

The five Biggers factors are an independent test for reliability and are not judged under the totality of the circumstances.

Accepted Answer

The Biggers factors are considered within the totality of the circumstances to evaluate the reliability of eyewitness identification, not as an independent test.

Question 12

Markings on a photo,such as: height measurements,charts,or surroundings in which a suspect is depicted,do not provide a constitutional basis to challenge a photo array.

Accepted Answer

The answer of Markings on a photo,such as: height measurements,charts,or...

Question 13

If an attorney is present during a post-indictment lineup,it is irrelevant whether the lineup is suggestive because an attorney will protect the suspect from an unfairly suggestive lineup.

Accepted Answer

Even with the presence of an attorney, a suggestive lineup can still influence the identification process and potentially harm the suspect's case. It is important for lineups to be conducted in a fair and unbiased manner, regardless of whether an attorney is present or not.

Question 14

If a witness is not sure about a characteristic of a criminal,he or she should make a guess with respect to the description of the criminal.

Accepted Answer

Witnesses should not make guesses about characteristics of a criminal that they are not sure of. Inaccurate descriptions can lead to wrongful accusations and arrests. It is better for a witness to only report what they are certain about and let the investigation fill in any gaps.

Question 15

The totality of the circumstances test does not apply to photographic identification procedures.

Accepted Answer

The totality of the circumstances test does apply to photographic identification procedures. This test is used to determine the reliability and credibility of eyewitness identifications, including those made through photographic procedures.

Question 16

When a suspect who has not formally been indicted or otherwise formally charged is placed in a lineup,counsel need not be present.

Accepted Answer

This is true because the Sixth Amendment right to counsel only applies once formal charges have been brought against a suspect. Prior to this point, there is no need for counsel to be present during a lineup. However, if the lineup is conducted in a way that is unnecessarily suggestive or violates the suspect's due process rights, the suspect may be able to challenge the lineup in court regardless of whether counsel was present.

Question 17

The use of both black and white and color photographs in the same array is generally discouraged.

Accepted Answer

Most design experts suggest using either all black and white or all color photographs within the same array for consistency and cohesion. Using both can create visual distractions and disrupt the overall aesthetic.

Question 18

An identification procedure may be unnecessarily suggestive based solely on the make-up or content of the lineup or photo array.

Accepted Answer

The composition of the lineup or photo array can influence the witness's selection and lead to a false identification or a biased result. Therefore, it is essential to avoid suggestive features or characteristics and use neutral and fair procedures for identification.

Question 19

If a pretrial identification procedure is suggestive,the identification is admissible if the identification is reliable.

Accepted Answer

Even if the pretrial identification procedure is suggestive, the identification can still be admissible if it is deemed to be reliable by the court. However, the suggestive nature of the procedure can be considered by the court when evaluating the reliability of the identification.

Question 20

An out-of-court identification which is illegal will make an identification made at trial inadmissible.

Accepted Answer

An out-of-court identification that is deemed illegal does not automatically make an in-court identification inadmissible. The admissibility of an in-court identification depends on whether it is independently reliable, based on factors such as the witness's opportunity to view the suspect at the time of the crime and the witness's degree of attention, rather than solely on the legality of the prior out-of-court identification process.

Quiz 10: Exclusionary Rule-Identification Procedures