Question 1

The most important thing in creating a lineup or photo array is:

Accepted Answer

The most important thing in creating a lineup or photo array is that it includes persons who match the defendant's general physical description. This is because eyewitness identification can be influenced by factors such as race and age, but the most reliable identification is based on matching the description given by the witness. Including individuals who match the defendant's general physical description helps to ensure that the identification is accurate and reliable.

Question 2

An officer should tell a witness that the photo array or lineup includes a defendant already in custody in order to facilitate a witness's choice.

Accepted Answer

Telling a witness that the photo array or lineup includes a defendant already in custody can bias the witness's choice and is not a recommended practice in ensuring a fair and impartial identification process.

Question 3

Which of the following is not considered a critical stage which requires counsel to be present when the police attempt to have a witness or victim identify a suspect?

Accepted Answer

Counsel is not considered necessary at the stage of arrest for the purpose of having a witness or victim identify a suspect. The critical stages requiring counsel typically include preliminary hearings, indictments, and arraignments, where the rights of the accused can be significantly affected.

Question 4

The certainty of a witness is used in conjunction with other factors of reliability in determining if an identification is reliable under the totality of the circumstances.

Accepted Answer

The certainty of a witness is one factor that is considered in conjunction with other factors of reliability, such as the opportunity to view, the level of attention, and the accuracy of the prior description, in determining the reliability of an identification. This is known as the totality of the circumstances test.

Question 5

Which of the following is least likely to greatly increase the dangers of misidentification?

Accepted Answer

Option C is least likely to increase the dangers of misidentification because it maintains neutrality, suggesting that the suspect may or may not be in the photos, thus reducing undue influence on the witness's identification process.

Question 6

What standard must the prosecution meet in order to show that the witness's identification was not influenced by a tainted pretrial identification?

Accepted Answer

The prosecution must show by clear and convincing evidence that the witness's identification was not influenced by a tainted pretrial identification. This is a higher standard than preponderance of the evidence but lower than beyond a reasonable doubt.

Question 7

Under which one of the following conditions would an identification procedure most likely not be considered unnecessary?

Accepted Answer

In an emergency or exigent circumstance, the need for identification may be necessary to quickly apprehend a suspect or prevent further harm. In other situations, such as when there is a suspect in custody, identification may not be necessary as the suspect has already been apprehended.

Question 8

According to the U.S.Justice Department report released in 1999 (Eyewitness Evidence: A Guide for Law Enforcement),the same fillers should be used in lineups when a new suspect is shown to the same witness.

Accepted Answer

The guide recommends that when a new suspect is shown to the same witness, different fillers (non-suspects) should be used in the lineup to prevent the witness from making relative judgments based on previous lineups, thus ensuring the integrity of the identification process.

Question 9

Effective cross-examination at trial can lessen the effects of possible misidentification.

Accepted Answer

Effective cross-examination can uncover inconsistencies, biases, and memory limitations in the witness's testimony that may affect the reliability of their identification. By challenging the witness's perception, attention, memory, and reasoning, the cross-examiner can undermine the prosecution's case and create a reasonable doubt in the jurors' minds. Therefore, cross-examination is an essential tool for the defense to counter the potential misidentification of a defendant.

Question 10

When viewing whether a case involves an unnecessarily suggestive photographic show-up,the court

Accepted Answer

The court evaluates the totality of the circumstances, ensuring the identification has features of reliability to determine if a photographic show-up is unnecessarily suggestive.

Question 11

The witness's degree of attention is judged by:

Accepted Answer

The degree of attention of a witness is judged by the totality of circumstances, which includes factors such as the witness's ability to observe, the conditions at the time of observation, and any potential distractions or factors that may have influenced the witness's perception. This holistic approach allows for a more accurate assessment of the witness's degree of attention rather than relying solely on one factor.

Question 12

The best example of when an identification procedure may be unnecessarily suggestive is when:

Accepted Answer

A six-pack photo array consisting of five white suspects and one African-American suspect may be unnecessarily suggestive as it may draw attention to the individual who stands out due to their race, potentially leading to a biased identification process.

Question 13

If there is an unnecessary delay in formally charging an accused the court will:

Accepted Answer

The correct answer is D because the Supreme Court has held that the right to counsel attaches at critical stages of the prosecution, and if the defendant can demonstrate that the government has moved from an investigatory to an adversarial position against them, even without formal charges, a lineup without counsel would violate their Sixth Amendment rights.

Question 14

All of the following may be factors in determining reliability based on the witness's opportunity to view the criminal at the time of the crime EXCEPT:

Accepted Answer

The other options (duration of time, frequency of sightings, distance from the criminal) are all factors that could affect a witness's reliability based on their opportunity to view the criminal at the time of the crime. However, whether the witness viewed the criminal for at least one minute is not necessarily a reliable factor in determining the witness's reliability as some witnesses may have seen key identifying features or actions of the criminal in a shorter amount of time.

Question 15

Where an identification may be suggestive,the five factors set out in Biggers allow the trial court to determine:

Accepted Answer

The five factors set out in Biggers are used by the trial court to determine whether the witness has an independent basis for their in-court identification. The other options are not directly related to the factors set out in Biggers.

Question 16

If a defendant is shown several times in a photo array,the procedure is not suggestive if the defendant looks slightly different in each photo.

Accepted Answer

Showing a defendant multiple times in a photo array can be suggestive and potentially bias the witness, even if the defendant looks slightly different in each photo, as it may unduly draw attention to the defendant.

Question 17

Although a long interval between the crime and the identification can be a serious negative factor against a reliable identification it is usually not enough to invalidate an otherwise reliable identification.

Accepted Answer

While a long interval between the crime and the identification can weaken the reliability of an identification, it is not usually enough to invalidate it if there is other strong evidence supporting the identification. Other factors such as the witness's memory and the accuracy of the identification procedure will also be considered.

Question 18

Which of the following would least likely constitute a photo identification that is suggestive?

Accepted Answer

Including a height measurement chart in the accused's photo is unlikely to be suggestive as it is a non-identifying feature and does not suggest guilt or innocence. The other options all have the potential to be suggestive in some way.

Question 19

Identifications made prior to initiation of adversary judicial proceedings are scrutinized under which of the following?

Accepted Answer

The 5th and 14th Amendments both protect against the government taking property without due process of law. This includes protection against the government seizing possessions prior to the initiation of judicial proceedings. Therefore, identifications made prior to such proceedings are scrutinized under the 5th and 14th Amendments.

Question 20

A good photo identification procedure would include all of the following,except:

Accepted Answer

Placing a suspect's mug shot in several arrays could potentially bias the witness's identification and compromise the accuracy of the procedure. The other options listed are important for recording and maintaining the integrity of the identification process.

Quiz 10: Exclusionary Rule-Identification Procedures