CRIM 424: Chapter 9

Double-blind

The method of eyewitness identification in which neither the administrator nor the eyewitness is aware of the identity of the suspect is known as a(n) _____ administration.

one state

The results from a polygraph tests are admissible in _____.

False

The right to counsel during the criminal process stems from the Fourth Amendment.

Daubert

The test of scientific technique in which judges are asked to study the research and expert views to reach their own conclusions as to whether a technique will be applicable and helpful is known as the _____ test.

Dauber test

The test of scientific techniques in which the judge is to make the determination himself or herself is known as the _____.

Bertillon method

What is the name of the method named after a Paris police officer, which worked to identify criminals by precise physical measurements and identification of unusual physical characteristics?

showup

When attempting to determine the identity of the criminal, police may present a single suspect to a victim or witness. This type of identification procedure is known as a(n) _____.

-The opportunity of the identifier to view the offender during the crime itself -The accuracy of the description of the suspect after the crime occurred -How certain the identifier is of his or her identification

Which of the following is not one of the factors used by a judge to determine the reliability of a photographic identification?

Minimize the pressure on the victim to select one of the people in a lineup as the offender

Which of the following is not one of the three goals established by the suggested identification process by the U.S. Justice Department and the American Bar Association?

Eyewitness Misidentification

Which of the following is the primary cause of false convictions?

Sequential presentations

Which of the following methods of eyewitness identification is thought to produce the most accurate identification?

New Mexico

______ is the only state that allows polygraph evidence to be admitted at trial.

polygraphs

"Lie detector" tests are known by the technical name as _____.

All post indictment lineups and confrontations

A suspect has a right to a lawyer during _____.

True

A suspect is to be granted the right to counsel at any "critical stage" of the criminal process.

five

According to the National Institute of Justice, there should be a minimum of ____ fillers (or distractors) in a photographic lineup.

False

An eyewitness identification method in which neither the administrator nor the eyewitness knows the suspect is known as a blind administration.

Once charges have been filed

At which point in the criminal process does the right to counsel during a lineup attach?

By a preponderance of the evidence

By what level of proof must the defense show that a photographic identification was suggestive?

-Everyone in the lineup other than the suspect is known to the victim -The suspect is the only person in the lineup whose physical appearance and dress matches the description of the perpetrator -The police point out the suspected perpetrator to the victim prior to the lineup

Common instances of suggestive lineups involve:

-Contamination -Laboratory procedures -Confusion of the jury why DNA was present at the crime scene

DNA evidence cannot be relied on in cases of:

Identical twins

DNA is unique to all individuals except _____.

1980s

DNA was first used in criminal cases in which decade?

Fifth

Due process stems from the _____ and Fourteenth Amendments.

False

Due to the inherently intimidating nature of a lineup, prosecutors must provide extra proof at trial that a defendant waved his or her right to counsel at this stage in the process.

False

Generally, the Daubert test will allow scientific techniques that the Frye test will not.

True

If the defense is able to sufficiently show that a photographic identification was suggestive, the burden then shifts to the prosecution to demonstrate the reliability of the result.

Only if the state is able to provide clear and convincing evidence that the in-court identifications is not the product of the earlier identification

If the right to counsel is denied during a lineup, under which circumstances will an in-court eyewitness identification be allowed?

35

In Perry v. New Hampshire the U.S. Supreme Court addressed the issue of eyewitness identification for the first time in more than ____ years.

True

In order to educate jurors on the pitfalls of eyewitness identification, the courts have ruled to allow the defense to call expert witnesses to explain these concerns during a trial.

Photographic identification

Lineups of photograph of a possible suspect among many other photos are known as _____.

Victim Factors

Of the factors of misidentification identified by psychologists, the fact that a victim may be too nervous to focus sufficiently on an offender to accurately remember the offender's distinguishing characteristics falls into which category?

Offender factors

Of the factors of misidentification identified by psychologists, the fact that many people are unable to accurately identify distinguishing characteristics of someone of a different race falls into which category?

Crime Factors

Of the factors of misidentification identified by psychologists, the fact that victim perception is limited due to the relative speed of a crime falls into which category?

False

Of the three stages of eyewitness identification, remembering what happened is also known as perception.

False

One common practice the court condemned in United States v. Wade was that of shining a slightly brighter light on the suspect than the other individuals in a lineup as a means of influencing the process.

Innocence Project at Cardozo University Law School

One of the most active organizations involved in freeing the innocent based on DNA evidence is:

True

One term for the non-suspects in a lineup is "foils."

Marked with identifying marks

Photographs in photo arrays are required to be all of the following except:

exoneration

Scientific identification techniques are useful for eliminating innocent suspects, also known as _____.

True

Some federal district courts will allow polygraph results as evidence in trial, but only under special, limited circumstances.

whether a scientific technique is sufficiently established and accepted

The Frye test is used to determine _____.

False

The U.S. Supreme Court has held that a showup following arrest but before the initiation of adversary criminal proceedings is a critical stage of criminal prosecution, and thus the right to counsel applies.

True

The U.S. Supreme Court has held that an attorney need not be present during a photographic lineup, regardless of whether it is conducted before or after indictment.

A post indictment corporeal identification lineup

The U.S. Supreme Court has held that the right to counsel applies to which of the following?

True

The U.S. Supreme Court has held that the right to counsel does not apply to lineups conducted during the investigative stage (pre-indictment) due to the inherent inefficiency of an attorney's presence.

critical stages

The U.S. Supreme Court has held that the right to counsel should apply at any _____ of the prosecution.

False

The U.S. Supreme Court has ruled that suspects must be allowed to access to evidence used to convict them if there is a reasonable chance that the DNA from this evidence may show their innocence.

Closure

The act of a victim becoming tired and identifying a person as the offender in order to move on with life, whether that person actually is the offender or not, is known as which of the following threat to accuracy identification?

Selection

The act of a victim comparing one person to another in a lineup then pointing to the one person in the lineup who most closely resembles the offender, whether the person actually is the offender or not, is known as which of the following threat to accuracy identification?

All lineups, both corporeal and non corporeal, pre and post indictment

The due process test applies to _____.

the combined DNA index system (CODIS)

The electronic database that integrates the DNA profiles contained in the criminal offender databases of the fifty states and federal government is called _______.