AJS260 / Criminal Procecdure - Ch. 9 & 10

Showups consist of:

The suspect.

An overly suggestive lineup violates due process.

True

Suspects can be forced to participate in lineups.

True

The Supreme Court has held that the prosecution need only supply the defense with evidence that is material.

True

The Supreme Court has ruled that the prosecution has a duty to preserve exculpatory evidence.

True

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

United States v. Wade

An in-court identification that is influenced by an improper out-of-court identification is called a tainted ________.

identification

A pretrial release hearing is:

A common practice resulting from numerous court decisions.

When is a probable cause hearing unnecessary?

Arrests with a warrant

Bail may be denied only if the person is a danger to the community.

False

Showups are usually conducted in court.

False

The Supreme Court in Riverside County v. McLaughlin ruled that probable cause hearings must take place immediately after arrest.

False

The purpose of the initial appearance is to determine what charges should be brought against the accused.

False

The three most common types of identification procedures are lineups, showups, and in-court identification.

False

There is no Sixth Amendment right to counsel during photographic identifications.

False

With regard to how soon the initial appearance must take place after arrest, delays of how much time are usually unacceptable?

More than six hours

The three available pleas at arraignment include: guilty, not guilty, or ________ contendere.

Nolo

A plea of ________ means that "I do not desire to contest the action."

Nolo contendere

The appropriate standard of proof associated with preliminary hearings is:

Probable cause.

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

Proof beyond a reasonable doubt Probable cause Reasonable suspicion *None of the above

Which of the following is a type of identification procedure?

Showup Photographic array Lineup *All of the above

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

Tainted identification.

Suspects can be forced to participate in lineups because lineups exhibit ________ characteristics, not testimonial evidence.

physical

A(n) ________ hearing is intended to prevent "hast, malicious, improvident, and oppressive prosecutions."

preliminary

In Gerstein v. Pugh, the Supreme Court held that the Fourth Amendment requires a(n) ________ cause hearing either before or promptly after arrest.

probable

With regard to discovery, "strategy" is also referred to as work ________.

product

A one-person lineup occurring shortly after a crime is known as a(n) ________.

showup

An overly ________ lineup violates due process.

suggestive

A(n) ________ occurs when the suspect is placed alongside several other people who resemble the suspect.

lineup

The rule of Brady v. Maryland, which created a limited kind of discovery under the Due Process Clause, applies only to ________ evidence.

material