chapter 10

the best example of when an identification procedure may be unnecessarily suggestive is when?

a six pack array consists of five white suspects and one african american suspect

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?

arrest

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

clear and convincing

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

fifth and fourteenth amendments

where a defendant has been denied his or her sixth amendment right to counsel during a post indictment pretrial lineup the court will?

first give the government the opportunity to establish by clear and convincing evidence that the in court identification was based upon an independent source

which of the following would least likely be considered a neutral inquiry into a witness's choice?

"the suspect was in this array. were you able to pick him out?"

if there is an unneccessary delay in formally charging an accused the court will?

not admit the lineup conducted without the presence of counsel because the defendant demonstrates that despite the absence of formal adversary judicial proceedings the government had crossed the constitutional significant divide from the fact finder to adversary

if a witness is not certain of a suspects identity at the initial confrontation, but is certain of the identity after a suggestive identification procedure, the court will likely?

not credit the identification as reliable

a good photo identification procedure would include all of the following except?

place a suspects mug shot in several arrays

which of the following is the most suggestive identification procedure?

presenting a single person or photo to a witness

the most important thing in creating a line up or photo array is?

that the lineup or photo array includes persons who match the defendants general physical description

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

the accused's photo contains a height measurement chart

which of the following is false about a post indictment identification procedure where counsel is not present?

the court will not allow an in court identification of the defendant even if the witness's ability to identify a person is based on an independent source.

the us justice department released a report in 1999 (eyewitness evidence: a guide for law enforcement) which of the following is false about the suggestions offered by the guide regarding photo arrays?

the photos in the array should be viewed together.

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

the police indicate to the witness that the photos may or may not contain the possible suspect

the witness's degree of attention is judged by?

the totality of the circumstances

which of the following is least likely to be a level of certainty that a court is willing to accept as a reliable identification by a witness?

the witness is almost 99% certain of the identification of a suspect only after a suggestive identification procedure.

when a witness is certain of the identification of a suspect after a suggestive identification procedure, the court will be concerned with the reliability of the identification because?

the witness retains in his or her memory the image of the suggestive photo or lineup rather than that of a person actually seen, thus causing irreparable misidentification.

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

there is an emergency or exigent circumstances

which of the following is not among the three basic types of identification procedures?

voice identification

the five factors set out in Biggers allow the court to determine all of the following except?

whether an identification procedure was suggestive

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

whether the witness has an independent basis for his or her in court identification

all of the following may be factors in determining reliability based on the witness's opportunity to view the criminal at the same time of the crime except?

whether the witness viewed the criminal for at least one minute

when viewing whether a case involves an unnecessarily suggestive photographic show up the court?

looks to the totality of the circumstances measured by a requirement that the identification possess certain features of reliability