Criminal Procedure Exam 3

Best guesses indicate that eyewitness misidentifications account for what percentage of wrongful convictions of persons eventually exonerated by DNA?

75 percent

In what case did the SCOTUS adopt the controversial good-faith exception to the exclusionary rule?

U.S. v. Leon

Which of the following represents a reform aimed at reducing the false confession problem?

all of these are reforms aimed at reducing the false confessions problem

Failure to recall a detail about a crime or to recognize the perpetrator is considered

an error of omission

What must the prosecution prove to charge police officers with a crime?

criminal intent

The exclusionary rule applies to all of the following, except:

cross-examination of the defendant.

In Miranda v. Arizona (1966), a bare 5 to 4 SCOTUS majority created a "bright-line" rule to govern what?

custodial interrogations

According to SCOTUS's decision in Miranda v. Arizona, the waiver of Miranda rights may be presumed, either by silence following warnings or from an eventual confession.

false

External civilian review results in more charges against police officers being sustained than internal review.

false

Eyewitness identifications are almost always rejected by the courts.

false

In Hudson v. Michigan (2006), the court held that failure to comply with the knock-and-announce rule is in violation of the exclusionary rule, even if officers have a valid warrant to search a home.

false

In Town of Castle Rock v. Gonzalez (2005), the Court ruled that individuals have a constitutional right to have restraining orders enforced.

false

In a show-up, witnesses try to pick the suspect out of a group of individuals.

false

One of the reforms suggested to improve eyewitness identification is to present the suspect and the fillers in a lineup simultaneously.

false

Researchers have found that law enforcement officers are better at judging videotaped confession interviews than are college students.

false

SCOTUS has ruled that there is a constitutional right of access to forensic evidence.

false

The ethical exception says that illegally obtained evidence can come into court if the poisonous connection between the illegal police actions and the resulting evidence weakens enough.

false

The government and its officers have a constitutional duty to protect individuals from other private individuals who violate their rights.

false

The right-to-counsel approach to confessions has never been accepted by a SCOTUS majority.

false

The self-incrimination approach applied the Fourth Amendment to custodial interrogation.

false

Under the state-created-danger exception to the no-duty-to-protect rule, a law enforcement officer can be held liable under § 1983 if the officer's actions created a special danger to the general public.

false

Initially, the exclusionary rule only applied to which of the following?

federal law enforcement officer

According to the defense of official immunity, an officer is personally liable:

for any willful or malicious misconduct

Prosecutors enjoy different types of immunity, depending on the type of action they are engaged in at the time of the misconduct. What is this type of immunity called?

functional immunity

What is another term used to describe probative evidence, or evidence that proves (or helps to prove) that defendants committed the crimes with which they are charged?

good evidence

What exception to the exclusionary rule demonstrates perhaps more clearly SCOTUS's commitment to the balancing test?

good-faith exception

U.S. v. Leon (1984) created the:

good-faith exception.

Which of the following types of detention qualifies as being in custody?

handcuffing suspects and placing them in the backseat of a police car

SCOTUS intended Miranda warnings to provide a bright-line rule to prevent police coercion, while still allowing what?

police pressure

Researchers recommend that officials

present members of a lineup to the witness one at a time.

According to the defense of _______________, individual officers can't be held personally liable for their official actions if the actions meet the test of objective legal reasonableness.

qualified immunity

How often does evidence seized illegally result in dismissals in criminal trials?

rarely

What occurs when eyewitnesses are shown persons or objects and asked whether they are involved in the crime?

recognition

What type of judgment occurs when a witness selects the person in a lineup who looks most like the culprit, believing the offender has to be in the lineup?

relative

What rationale for due process is based on the idea that admitting unreliable evidence denies defendants the right to their life?

reliability

What exception to the exclusionary rule says that, even if officers break the law, unless their lawbreaking causes the seizure of evidence, the evidence is admissible in court?

the inevitable discovery exception

Which doctrine holds that illegally seized evidence can be introduced at trial, if the officials would have found the evidence anyway?

the inevitable discovery exception

The major objection to internal review of police misconduct is that:

the police should not be policing themselves

The justification that excluding evidence obtained in violation of the Constitution prevents illegal law enforcement conduct is called the deterrence justification.

true

Under the doctrine of respondeat superior, state and local governments and their agencies are liable for their employees' torts, if the employees committed the torts during the course of their employment.

true

The Federal Tort Claims Act:

waives sovereign immunity and allows lawsuits against the federal government for the constitutional torts of its officers

In Colorado v. Connelly (1986), SCOTUS considered the case of a mentally ill man who approached an officer on the street and confessed he had murdered a young woman. The Court determined that the man's confession:

was voluntary, because it was not compelled

Which of the following is not one of the five factors in the "totality of circumstances" that should weigh heavily in determining whether the lineup or show-up procedure created a likelihood of misidentification?

witness age at the time of the crime

In what case did SCOTUS hold that criminal suspects who want to protect their right to remain silent have to speak up and unambiguously invoke it?

Berghuis v. Thompkins

Which of the following cases concerned whether a confession was voluntary or not?

Colorado v. Connelly

In what case did SCOTUS decide that defendants have no constitutional right of access to forensic evidence?

District Attorney's Office for the Third Judicial District v. Osborne

In what case did SCOTUS hold that, if an officer makes an arrest, reasonably (but wrongly) believing there's an outstanding arrest warrant, evidence obtained during a search incident to the unlawful arrest is admissible in court?

Herring v. U.S.

The 1961 case that reversed Wolf v. Colorado and made the states follow the exclusionary rule was:

Mapp v. Ohio.

SCOTUS's use of the Fifth Amendment privilege against the self-incrimination approach in reviewing state confession cases began with:

Miranda v. Arizona.

In the SCOTUS case Brown v. Mississippi (1936), involving the beating and torture of three black suspects to obtain a confession, what were the findings of the Court?

SCOTUS relied upon the Fourteenth Amendment due process clause and held that forced confessions were not admissible as evidence.

What SCOTUS case introduced due process rights into determining the admissibility of evidence derived from a pretrial show-up before indictment?

Stovall v. Denno

SCOTUS has put which of the following limitations on § 1983 actions?

They can only be brought for deliberate acts.

What was the first case to hold that unreasonable searches and seizures by state police violate defendants' due process rights?

Wolf v. Colorado

What rule is a protective procedure against violations of constitutional rights?

a prophylactic rule

What kind of immunity do judges have from civil lawsuits for actions they take while performing their official judicial duties?

absolute immunity

The most common mechanism for holding police officers accountable for their misconduct is:

administrative review and discipline.

Which type of evidence is protected by the Fifth Amendment?

testimonial statements

The Fourteenth Amendment due process clause is applicable at which stage(s) of the criminal process?

at all stages of the criminal process

According to empirical research, what type of crime is virtually unaffected by the exclusionary rule?

both violent crime and serious property crime

In order to exclude identification evidence on due process grounds, defendants must prove that the identification procedure was unnecessarily suggestive and created a substantial likelihood of misidentification:

by a preponderance of evidence

Psychological research shows that when the person administering an identification procedure somehow confirms the witness's pick, the comments:

cause the witness to have greater confidence in the accuracy of the identification.

In State v. Long (1986), the Court ruled that trial courts have to give jurors what type of instruction, explaining the weaknesses of eyewitness identification evidence?

cautionary

Research indicates that:

civilian review procedures rarely sustain citizens' complaints about the police.

The origin of the right to remain silent is tied to what common-law rule?

confessions have to be voluntary

Bivens actions are:

constitutional tort actions against federal officers.

Heightening the possibility of a successful Bivens action requires the plaintiff to prove that an officer was acting under the color of the law, and that the officer:

deprived the person of a constitutional right.

Internal review consists of four consecutive stages: intake, investigation, deliberation, and:

disposition

Scientists agree that DNA technology can

distinguish between any two individuals, other than identical twins.

Suggestive lineups:

do not lead to automatic exclusion of the resulting identification.

Which of the following is statistically the single greatest cause of injury to women in America?

domestic violence

The first U.S. _______________ case was DeShaney v. Winnebago County Department of Social Services (1989).

duty-to-protect

A prosecutor's appearance in court in support of an application for a search warrant is protected by qualified immunity.

false

Research has consistently found that lineup fillers who don't fit the witness's previous description of the culprit:

increase the chances significantly that the witness will identify the wrong person.

Which doctrine holds that illegally seized evidence can be introduced at trial, if the officials' law-breaking behavior did not cause the seizure of the evidence?

independent source exception

Which of the following is one of the types of false confessions discussed in the text?

internalized false confessions

Research about the effectiveness of civilian review boards shows that:

it is difficult to measure their effectiveness.

Which justification for the exclusionary rule prevents officers from breaking the law?

judicial integrity

The right to remain silent can be traced back in history to the

laws of Moses embodied in the Talmudic law.

Which of the following is not one of the reforms aimed at reducing the false confession problem?

limit the Miranda warning

Many legal commentators suggest that one way to reform identification procedures would be to:

loosen the standards for admitting expert testimony on human perception and memory and the problems related to eyewitness identification.

Police officers and government agencies cannot be sued for failing to stop private people from inflicting injuries on others. This is known as the:

no-affirmative-duty-to-protect rule.

The good-faith exception is what type of standard?

objective

Research by psychologists shows that jurors may give credit to confessions obtained during high-pressure interrogation because:

of the fundamental attribution error

Internal review of police misconduct involves

review by special officers in the department.

What type of lineup reduces the power of suggestion and reduces the possibility that the witness will pick the person who most resembles the perpetrator?

sequential

The case of Manson v. Braithwaite (1977) addressed issues related to what type of eyewitness identification?

show-ups

Researchers have demonstrated that being of another race when identifying strangers:

substantially increases the risk of mistaken identification.

Research shows that jurors:

tend to overestimate the accuracy of a witness's lineup identification.

The U.S. government can be sued for the constitutional torts of federal law enforcement officers who have the authority to search and arrest under:

the Federal Tort Claims Act

SCOTUS has relied on three provisions in the U.S. Constitution to develop rules to control police interrogation and confessions: the Fourteenth Amendment due process clause, the Sixth Amendment right-to-counsel clause, and:

the Fifth Amendment self-incrimination clause

According to what rationale do forced confessions violate due process, even if they're true?

the accusatory system rationale

Which doctrine holds that illegally seized evidence can be introduced at trial, if the poisonous connection between the illegal police actions and the evidence weakens sufficiently?

the attenuation exception

The exclusionary rule bans illegally obtained evidence from what part of a criminal trial?

the case-in-chief

What is the part of a trial in which the government presents its evidence to prove the defendant's guilt?

the case-in-chief

What exception allows the use of illegally obtained evidence in nontrial proceedings?

the collateral use exception

In Perry v. New Hampshire (2012), SCOTUS ruled that

the due process clause does not require a hearing into the reliability of eyewitness identification procedures that were not arranged by the police.

According to Pinder v. Johnson, involving a lawsuit by a mother against a police officer and others for the death of her children in a fire:

the due process clause does not require government actors to affirmatively protect life.

The fruit of the poisonous tree doctrine refers to:

the expansion of the exclusionary rule to ban evidence indirectly based on illegal government activity

What rationale states that involuntary confessions aren't just unreliable and contrary to the accusatory system of justice, they're also coerced if they're not "the product of a rational intellect and a free will" (307)?

the free will rationale

In Melendez-Diaz v. Massachusetts (2009), SCOTUS decided that the Sixth Amendment guarantees defendants what right?

the right to cross-examine forensic lab technicians

What is one of the reasons that psychologists are skeptical of eyewitness retrospective self-reports?

the social desirability of the responses

In District Attorney's Office for the Third Judicial District v. Osborne (2009), SCOTUS involved prisoner Osborne's post-conviction request to compel officials to release biological evidence so it could be submitted to DNA testing. What was the finding of the Court?

there is no right under the U.S. Constitution of access to forensic evidence.

SCOTUS has ruled that the exclusionary rule does not apply

to collateral proceedings.

According to SCOTUS's decision in Miranda v. Arizona, custodial interrogation is inherently coercive.

true

Evidence obtained by illegal searches and seizures is just as reliable as evidence obtained legally.

true

Eyewitness identification of strangers is low in reliability, even in the most ideal settings.

true

Forensic science produces some of the most powerful evidence imaginable.

true

In Colorado v. Connelly (1986), SCOTUS ruled that Connelly's confession was voluntary, even though his serious mental illness led him to believe that God ordered him to "confess or commit suicide."

true

In Miranda v. Arizona (1966), SCOTUS held that police officers violated Ernesto Miranda's Fifth Amendment right against self-incrimination during Miranda's custodial interrogation.

true

In custodial interrogation, suspects are held against their will.

true

In order to win a § 1983 lawsuit against a police officer, the plaintiff must prove that the officer was acting under color of state law when the officer engaged in the behavior that is the subject of the suit.

true

Incriminating statements fall short of full confessions.

true

Most officers' misconduct might also be a crime

true

Most police believe that internal affairs units are necessary.

true

Recent research into the effects of the exclusionary rule indicates that the exclusionary rule affects only a small portion of cases.

true

Searches and seizures make up the great bulk of suppression cases.

true

Some interrogation tactics may result in innocent suspects believing they committed a crime.

true

Suggestion is particularly powerful during the retention phase of memory.

true

The defense of vicarious official immunity means that police departments and local governments can claim the official immunity of their employees.

true

The exclusionary rule does not prevent prosecutors from using illegally seized evidence to impeach defendants' testimony.

true