JUST 4640: CH 9 - Identification Procedures (Assessment)

What SCOTUS case introduced due process rights into determining the admissibility of evidence derived from a pretrial show-up before indictment? (a.) Stovall v. Denno (b.) State v. Clopten (c.) Perry v. New Hampshire (d.) Manson v. Braithwaite

(a.) Stovall v. Denno

Eyewitness identifications are almost always rejected by the courts. True / False

False

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

False

Research indicates that 50 percent of defendants exonerated by DNA have cases involving mistaken eyewitness identification. True / False

False

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

False

When memories are acquired, the brain acts as a video recorder storing a stream of images. True / False

False

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

True

Eyewitness retrospective self-reports are the basis of identification testimony. True / False

True

If a witness is attempting to identify a person of another race, the chances of misidentification are increased. True / False

True

In experimental research to study eyewitness identification, researchers stage crimes and question the unsuspecting witnesses about what they saw. True / False

True

Suggestion is particularly powerful during the retention phase of memory. True / False

True

The reliability of lineups depends in part on making sure that there are enough people in them and that the people share similar characteristics. True / False

True

An identification procedure in which a witness is shown multiple photographs is called a(n) _________ _________.

photo array

Over time, memory: (a.) fades, but witnesses develop greater confidence about their recall ability. (b.) improves, and witnesses recognize this fact. (c.) improves, but witnesses do not have confidence in this fact. (d.) fades, and witnesses recognize this problem.

(a.) fades, but witnesses develop greater confidence about their recall ability.

Researchers recommend that officials: (a.) present members of a lineup to the witness one at a time. (b.) present members of a lineup to the witness at the same time, standing together. (c.) inform the witness that the suspect is one of the individuals they will be asked to identify in the lineup. (d.) have the officer who arrested the suspect conduct the lineup.

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

In Perry v. New Hampshire (2012), SCOTUS ruled that: (a.) the due process clause does not require a hearing into the reliability of eyewitness identification procedures that were not arranged by the police. (b.) accidental show-ups constitute "fruit of the poisonous tree" and cannot be used at trial. (c.) accidental show-ups are preferable to organized lineups. (d.) accidental show-ups are a highly successful tool of law enforcement.

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

In U.S. v. Wade (1967), law enforcement was found to have violated the defendant's Sixth Amendment rights in what respect? (a.) There was insufficient clarity in a photograph used to identify the defendant in a photo array. (b.) The defendant was placed in a lineup after being indicted without counsel present. (c.) DNA samples were taken without consent from the defendant's attorney. (d.) Eyewitnesses were encouraged by police officers to select the defendant from a lineup.

(b.) The defendant was placed in a lineup after being indicted without counsel present.

What is the term for an identification procedure in which a witness happens to see the defendant in custody, say outside the courtroom or in the police station? (a.) a lineup (b.) an accidental show-up (c.) a confrontation (d.) a photo array

(b.) an accidental show-up

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? (a.) evidentiary (b.) cautionary (c.) objective (d.) identification

(b.) cautionary

Scientists agree that DNA technology can: (a.) distinguish between general types of individuals. (b.) distinguish between any two individuals, other than identical twins. (c.) identify the blood types of individuals accurately. (d.) distinguish with 35 to 40 percent accuracy between two individuals.

(b.) distinguish between any two individuals, other than identical twins.

The participants in most police lineups consist mainly of: (a.) civilians who work for the police department. (b.) inmates from the local jail. (c.) volunteers from the community. (d.) correctional officers.

(b.) inmates from the local jail.

Many legal commentators suggest that one way to reform identification procedures would be to: (a.) require police to corroborate all eyewitness identifications for all types of cases. (b.) loosen the standards for admitting expert testimony on human perception and memory and the problems related to eyewitness identification. (c.) require all eyewitnesses to undergo psychological testing concerning their recall and retention abilities. (d.) totally ban the use of photo identification procedures.

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

What type of judgement 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? (a.) conclusive (b.) relative (c.) suggestible (d.) subjective

(b.) relative

The case of Manson v. Braithwaite (1977) addressed issues related to what type of eyewitness identification? (a.) photo lineups (b.) show-ups (c.) accidental show-ups (d.) lineups

(b.) show-ups

In Melendez-Diaz v. Massachusetts (2009), SCOTUS decided that the Sixth Amendment guarantees defendants what right? (a.) the right to have use of forensic lab technicians (b.) the right to cross-examine forensic lab technicians (c.) the right to call an expert witness, but only to refute the prosecution's expert witness (d.) the right to call expert witnesses

(b.) the right to cross-examine forensic lab technicians

In Manson v. Braithwaite (1977), SCOTUS endorsed which method for determining the admissibility of witness identification? (a.) the better use approach (b.) the totality of the circumstances approach (c.) the blind administration test (d.) the per se approach

(b.) the totality of the circumstances approach

Best guesses indicate that eyewitness misidentifications account for what percentage of wrongful convictions of persons eventually exonerated by DNA? (a.) 10 percent (b.) 90 percent (c.) 75 percent (d.) 25 percent

(c.) 75 percent

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: (a.) beyond a reasonable suspicion. (b.) beyond a reasonable doubt. (c.) by a preponderance of the evidence. (d.) by clear and convincing proof.

(c.) by a preponderance of the evidence.

Researchers have demonstrated that being of another race when identifying strangers: (a.) decreases the risk of mistaken identification, but not significantly. (b.) increases the risk of mistaken identification, but not significantly. (c.) substantially increases the risk of mistaken identification. (d.) substantially decreases the risk of mistaken identification.

(c.) substantially increases the risk of mistaken identification.

To exclude identification evidence on due process grounds, defendants have to prove (by a preponderance of the evidence) that the totality of the circumstances shows the identification procedure to have been unnecessarily suggestive and that this unnecessarily suggestive procedure created: (a.) some slight likelihood of misidentification. (b.) an almost guaranteed likelihood of misidentification. (c.) harm to the defendant. (d.) a very substantial likelihood of misidentification.

(d.) a very substantial likelihood of misidentification.

What type of research consists of analysis of real procedures used in actual criminal cases? (a.) quantitative research (b.) ex post facto research (c.) experimental research (d.) archival research

(d.) archival research

Psychological research shows that when the person administering an identification procedure somehow confirms the witness's pick, the comments: (a.) cause the witness to question whether the administrator is trying to influence the identification. (b.) cause the witness to doubt the identification. (c.) have no impact on the witness's confidence in the identification. (d.) cause the witness to have greater confidence in the accuracy of the identification.

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

Suggestive lineups: (a.) lead to automatic exclusion of the resulting identification. (b.) are always questioned by the trial judge. (c.) give rise always to a substantial likelihood of misidentification. (d.) do not lead to automatic exclusion of the resulting identification.

(d.) do not lead to automatic exclusion of the resulting identification.

Research has consistently found that lineup fillers who don't fit the witness's previous description of the culprit: (a.) have no impact on the chances that the witness will identify the wrong person. (b.) decrease the chances that the witness will identify the wrong person. (c.) increase the chances slightly that the witness will identify the wrong person. (d.) increase the chances significantly that the witness will identify the wrong person.

(d.) increase the chances significantly that the witness will identify the wrong person.

What occurs when eyewitnesses are shown persons or objects and asked whether they are involved in the crime? (a.) retention (b.) suggestion (c.) recall (d.) recognition

(d.) recognition

Researchers who study memory divide it into three stages: __________, retention, and recall.

acquisition

A person running an identification procedure who does not know the suspect is called a(n) ___________ ___________.

blind administrator

The ___________ phase is when the brain stores information between the time of the crime and the lineup, show-up, or photo identification.

retention

Forensic science is the application of ___________ methods and techniques to investigating crimes.

scientific

A procedure used for the identification of suspects whereby the suspect alone is presented to a witness for possible identification is known as a(n) ______________.

show-up