Criminal Procedure Exam 3

What 2 tests are used when determining whether police questioning amounts to interrogation?

5th Amendment Functional Equivalent of a Question Test 6th Amendment Deliberately Eliciting A Response Test

Research indicates that ______________ percent of defendants exonerated by DNA have cases involving mistaken eyewitness identification.

75

What is the 6th Amendment Deliberately Eliciting a Response Test?

As soon as the government starts formal proceedings, the Sixth Amendment right to counsel kicks in.

Discuss the details of Perry v. New Hampshire

Blandon called her neighbor to say that she saw someone breaking into his car. Neighbor went downstairs and saw his speakers were missing. Officer Clay intercepted a man carrying speakers and a metal bar sitting behind him. Blandon told police what she saw and pointed out her kitchen window to say the man in the parking lot was the thief. She could not identify Perry from a photo array a month later.

What do the three Constitutional Amendments that are used to analyze and control police interrogation/confessions stand for with respect to police interrogation?

Fourteenth and Fifth Amendment due process clauses- Confessions must be voluntary during all stages of the criminal process Sixth Amendment right-to-counsel clause- When someone is formally charged, they have the right to a lawyer Fifth Amendment self-incrimination clause- The right against self incrimination during custodial interrogation and everything to follow

Discuss SCOTUS' ruling in Melendez-Diaz v. Massachusetts

SCOTUS reversed and remanded. Statements contained in forensic lab reports created specifically as evidence to prove guilt in criminal trials are testimony that the 6th Amendment guarantees defendants have the right to cross-examine. Forensic evidence is not immune from the risk of manipulation. Confrontation is one means of assuring accurate forensic analysis by weeding out the fraudulent and incompetent analysts.

Discuss how an eyewitness' level of confidence when identifying a suspect can impact a case.

When you're very confident about your memory for an event you observed, you're more likely to be incorrect. Involuntary body movements from the administrator can increase a witness' confidence too

What is the definition of custody?

Whether there was a formal arrest or the person was deprived of their right to freedom of movement in any way.

When determining whether a suspect is in custody, what facts and/or circumstances do you consider?

Whether there was probable cause to arrest Whether officers intended to detain suspects Whether suspects believed their freedom was significantly restricted Was the investigation focused on the suspect Language officers used Physical surroundings Amount of evidence of guilt presented to suspects Did officers use pressure to detain the suspects How long suspects were detained

Identify the 5 circumstances in the totality of circumstances due process test that you identified

Witnesses' opportunity to view defendants at the time of the crime Witnesses' degree of attention at the time of the crime Witnesses' accuracy of description of suspects prior to the identification Witnesses' level of certainty when identifying suspects at the time of the identification procedure The length of time between the crime and the identification

State the facts of New York v. Quarles and explain its significance

Woman told two officers that she had been raped and gave a description. Told them that he went into the supermarket and had a gun. Officer quickly spotted Quarles and chased him to the back of the store. After handcuffing him, he saw Quarles did not have the gun in his holster. He asked where it was and Quarles told him. He was read his Miranda rights after. SCOTUS added the public safety exception to Miranda. If the suspect may endanger an officer or somebody nearby, an officer may ask questions before they Mirandize the suspect.

What are the 3 phases of memory? Define each one.

Acquisition- The perception of an event, when information is first entered into memory Retention- The process of storing information during the period of time between an event and the "eventual recollection of a particular piece of information" Retrieval- The time when a person recalls the stored information about an event for the purpose of identifying a person in an event

What pre-lineup instructions should police give a witness and why is it important?

Administrators should tell witnesses that the suspect "might or might not" be in the lineup. Witnesses tend to think that the suspects must be in the lineup. They may feel pressured to pick someone.

What did SCOTUS rule in Perry v. New Hampshire and why?

Decision was affirmed. SCOTUS ruled that the due process clause doesn't require a hearing into the reliability of eyewitness identification procedures that weren't "arranged" by the police or prosecutors.

What burden of proof would a defendant have to meet in order to be successful in having the identification dismissed by the Court on due process grounds?

Defendant has to prove the two steps by preponderance of the evidence.

What did the Utah Supreme Court say about expert witness testimony and how did it rule in State v. Clopten?

Expert witness testimony has been shown to substantially enhance the ability of juries to recognize potential problems with eyewitness testimony. Defendants have the right to call expert witnesses. Utah Supreme Court reversed the decision, vacated Clopten's conviction, and remanded for a new trial

Which three Constitutional Amendments are used to analyze and control police interrogation and confessions?

Fifth, Sixth, and Fourteenth

Where a defendant has waived his right to remain silent, what test do the Courts primarily use to determine whether the waiver is valid?

Implied waiver test- The totality of circumstances surrounding each case has to prove that before suspects talked, they knew their rights and knew they were giving them up. Suspect does not have to expressly say the words. Must be voluntary

Discuss the impact of the length of time on an eyewitness' ability to accurately identify

It's not the amount of time spent, but what witnesses do with the time. Were there any distractions? Was the suspect the focus during that time? Was the witness stressed? It takes more time to look at individual facial features than the whole face.

What kind of factors do courts consider when determining whether coercive police action caused a person to confess?

Location of questioning Whether the suspect initiated the contact with law enforcement Whether the Miranda warnings were given The number of interrogators The length of the questioning Whether food, water, and toilet facilities were denied Whether the police used threats, promises, lies, or tricks Whether the suspects were denied access to a lawyer The suspect's characteristics

What is the 5th amendment functional equivalent of a question test?

Miranda safeguards come into play whenever a person in custody is subject to either express questioning or its functional equivalent

Discuss the impact of distance on an eyewitness' ability to accurately identify

Most people can clearly view a human face up to 25 feet, with it gradually diminishing to 0 at about 150 feet

What would you do to put together a good lineup that would be likely to survive a defense unnecessarily suggestive motive?

Only one suspect per lineup People in the lineup must wear the same clothes Must look similar Remind witnesses that the suspect may or may not be in the lineup Use a blind administrator Present the lineup one at a time

Discuss the impact of the race of eyewitness and race of suspect on an eyewitness' ability to accurately identify

People of the same race are more likely to notice specific features. If a suspect is of a different race, then the witness will have a more difficult time identifying them

What things are not included in witness against himself?

Physical evidence- blood, hair samples, DNA, a defendant's voice, weapons, photographs, fingerprints, handwriting samples

What does Miranda v. Arizona require of police when conducting a custodial interrogation?

Police must give suspects the famous four warnings: You have the right to remain silent Anything you say can and will be used against you in a court of law You have the right to an attorney If you can not afford an attorney, one will be appointed for you

What is an accidental show-up?

Situations where the witness happens to see a suspect in custody, outside of the courtroom, or in the police station before an official identification procedure has occurred

What things are included in witness against himself?

Testimony- the content of what you say and write

Discuss the impact of stress on an eyewitness' ability to accurately identify

The ability to identify a suspect is weakened when the witness is stressed

What does it mean to be a witness against himself?

The government can't force defendants to give testimony against themselves

Identify the 2 steps in the totality of circumstances due process test of admissibility of eyewitness identification created by SCOTUS.

The procedure used to identify was unnecessarily suggestive and the unnecessarily suggestive procedure created a substantial likelihood of misidentification

Who is the burden on when it comes to Miranda warnings?

The prosecution. They have to prove the defendant waived their rights if they gave a statement without them.