EXAM #3 Delony
Which of the following is an example of a common practice in a suggestive lineup?
The individuals in the lineup are asked to try on an item of clothing that fits only the suspect.
The exclusionary rule provides that evidence that is obtained as a result of a violation of the Fourth Amendment prohibition on unreasonable searches and seizures is inadmissible in a criminal prosecution to establish a defendant's guilt.
True
Which of the following court cases was highlighted as an example of attenuation?
United States v. Boone
Which case established the precedent that evidence obtained as a result of an invalid warrant is admissible at trial if the police reasonably believed the warrant to be valid?
United States v. Leon
The U.S. Supreme Court has held that the right to counsel applies to which of the following?
a postindictment corporeal identification lineup
The three stages of eyewitness identification include all of the following except ______.
accusation
______ is our personal story of what happened.
accusation
The due process test applies to ______.
all lineups, both corporeal and noncorporeal, pre- and postindictment
A suspect has a right to a lawyer during ______.
all postindictment lineups and confrontations
According to past rulings by the U.S. Supreme Court, which of the following individuals has a reasonable (objective and subjective) expectation of privacy?
an individual who has rented a hotel room for the purpose of attending a business meeting
If there has been a significant period of time between the constitutional violation and the subsequent seizure of evidence, the connection is said to be ______.
attenuated
The method of eyewitness identification in which the administrator is not told who the suspect is in the lineup is known as a/an ______.
blind administration
By what level of proof must the defense show that a photographic identification was suggestive?
by a preponderance of the evidence
Which of the following alternative procedures requires adequate monetary compensation provided to successful litigants to serve as an incentive for individuals to take the time and expense to file suit?
civil torts
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 is not, is known as which type of threat to accuracy identification?
closure
The ability to focus on the offender's appearance is a factor that is used to determine the reliability of identification and it is often referred to as ______.
concentration
In Hudson v. Michigan, the U.S. Supreme Court articulated a ______ test of attenuation.
constitutional interest
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?
crime factors
People innocent of a particular offense who are recruited by the police to participate in the lineup are referred to as all of the following except ______.
decoys
Any evidence that is discovered as a result of unlawfully seized items is known as ______.
derivative evidence
Before the creation of the exclusionary rule, all of the following were true except ______.
derivative evidence was excluded from evidence in a trial
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/an ______.
double-blid administration
All of the following are forms of eyewitness identification except ______.
drive-byes
Civilian review board are comprised of all of the following except ______.
elected officials
In Weeks v. United States, the U.S. Supreme Court held that ______.
evidence seized in an unlawful search was to be excluded in federal courts
In Mapp v. Ohio, the U.S. Supreme Court held that ______.
evidence seized in an unlawful search was to be excluded in state courts
The ______ provides that evidence that is obtained as a result of a violation of the Fourth Amendment prohibition on unreasonable searches and seizures is inadmissible in a criminal prosecution to establish a defendant's guilt.
exclusionary rule
Scientific identification techniques are useful for eliminating innocent suspects, also known as ______.
exoneration
Which of the following is the primary cause of false convictions?
eyewitness misidentification
About half of the states follow the due process test for entrapment.
false
Civilian review boards are only comprised of citizens.
false
Direct evidence is evidence that is derived from the evidence that is directly seized.
false
Evidence seized following a failure to follow the knock and announce rule is disallowed at trial via the exclusionary rule.
false
Evidence unlawfully obtained from a defendant can be used to impeach testimony given by a defense witness.
false
Identification does not involve threats to accuracy.
false
In federal court, when entrapment is argued, the emphasis is placed on the actions of the government.
false
Most states follow the objective test for entrapment.
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.
false
Overnight guests do not have an expectation of privacy in a home.
false
Perception refers to remembering the crime.
false
The U.S. Supreme Court has ruled that police may assume legislation to be constitutional unless there is probable cause to believe it is unconstitutional.
false
The due process test applies only at the critical stages of the criminal justice process.
false
The exclusionary rule does not deter the police from disregarding constitutional procedures in future investigations.
false
The right to counsel during the criminal process stems from the Fourth Amendment.
false
In the wake of Mapp v. Ohio, the exclusionary rule was applicable to which of the following?
federal, state, and local courts
The first step in challenging the reasonableness of a search is ______.
filing a pretrial motion to suppress
The ______ doctrine holds that any evidence discovered as a result of unlawfully seized evidence must be excluded from evidence at trial.
fruit-of-the-poisonous-tree
______ permits the use of unlawfully seized evidence in proceedings that are not part of the formal trial.
good faith
______ is a request to the court to require the government to bring an individual who is in custody before the court to determine the legality of his or her detention.
habeas corpus
All of the following were identified as exceptions to the exclusionary rule except ______.
harmless error
Which of the following is an example of a system variable?
how the lineup was conducted
DNA is unique to all individuals except ______.
identical twins
The average length of time served by inmates who were exonerated is ______.
14 years
DNA was first used in criminal cases in which decade?
1980s
The first exoneration in the United States took place in ______.
1989
What is the name of the method named after a Paris police officer, who worked to identify criminals by precise physical measurements and identification of unusual physical characteristics?
Bertillon method
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.
Daubert
The silver-platter doctrine was ruled unconstitutional in which case?
Elkins v. United States
______ is a defense to a criminal charge that is available to defendants who allege that they were induced to commit a crime by the government.
Entrapment
Identification is an exact process.
False
The ______ Amendment protects individuals against being required to disclose information or what is termed testimonial evidence.
Fifth
Due process stems from the ______ and Fourteenth Amendments.
Fifth Amendment
In which of the following case did the Supreme Court affirmed that the exclusionary rule should not be applied in those cases in which the police act in good faith reliance on the assurance of a judge that a warrant?
Massachusetts v. Sheppard
In which of the following court cases did the Supreme Court hold that an overnight guest possessed a reasonable expectation of privacy in the home?
Minnesota v. Olson
Which is the leading case in regard to the independent-source exception to the exclusionary rule?
Murray v. State
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?
Offender factors
The U.S. Supreme Court established the aptly named "shocks the conscience" standard in which case?
Rochin v. California
A failure to provide an attorney at a lineup following the initiation of criminal proceedings results in the exclusion at trial of evidence from the lineup is a violation of the ______.
Sixth Amendment
Which of the following cases adopted far-reaching reforms to ensure the reliability of eyewitness identification?
State v. Henderson
All of the following were identified as goals established by the suggested identification process by the U.S. Justice Department and the American Bar Association except ______.
minimizing the possibility of one eyewitness influencing another eyewitness
A lawyer's role is to ______.
observe the lineup and take note of how the police conduct the lineup
At which point in the criminal process does the right to counsel during a lineup attach?
once charges have been filed
The results from a polygraph tests are admissible in ______.
one state
If the right to counsel is denied during a lineup, under which circumstances will an in-court eyewitness identification be allowed?
only if the state is able to provide clear and convincing evidence that the in-court identification is not the product of the earlier identification
In which of the following circumstances will polygraph results be admitted into evidence at trial in federal district courts?
only under special and limited circumstances
Which of the following refers to observing the crime?
perception
There is no right to attorney for ______.
photographic identifications
All of the following arguments have been offered in support of the exclusionary rule except ______.
political costs
All of the following are examples of noncriminal proceedings except ______.
preliminary hearings
According to the text, the exclusionary rule has led police departments to better train their officers and stress the importance of ______.
professionalism
The ______ in most states is required to act immediately if it wishes to appeal a decision not to admit evidence. A. judge
prosecution
According to the text, the immediate impact of an unreasonable search is felt by the ______.
prosecutor
Who is responsible for demonstrating that the identification is reliable?
prosecutor
A weak connection between the unlawful search and the seizure of evidence also is referred to as ______.
purging the taint of legality
All of the following were identified as applications of DNA in the criminal process except ______.
rehabilitation
In a rape prosecution, the issue of whether there was consent rather than whether the defendant was the perpetrator is considered to be a DNA problem/issue of ______.
relevancy
Using hair analysis to identify a perpetrator of a crime is an example of ______.
scientific identification
The act of a victim comparing one person to another in a lineup, then pointing to one person in the lineup who most closely resembles the offender, whether the person actually is the offender is not, is known as which type of threat to accuracy identification?
selection
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/an ______.
show up
The practice of federal agents using evidence in court that was unreasonably obtained by state police was known as the ______.
silver-platter doctrine
Which of the following Amendments provides defendants with the assistance of counsel?
sixth amendment
In order to invoke the exclusionary rule and challenge the admissibility of evidence, a defendant must have ______.
standing
The ______ doctrine is a method of limiting the "cost" of the exclusionary rule by restricting the number of individuals who are eligible to challenge the introduction of the evidence.
standing
Unlawfully seized evidence can be used in all of the following except ______.
such evidence can be used in all of these
Unintentionally or intentionally influencing a witness's identification via body language or tone of voice is referred to as ______.
suggestiveness
The Wade-Gilbert rule provides all of the following except ______.
swift punishment
Evidence obtained unlawfully may be used at trial to impeach the credibility of ______.
the defendant
All of the following are factors used by a judge to determine the reliability of a photographic identification except______.
the identifiers' emotional state after the crime occurred
Which of the following tests for entrapment focuses on the actions of the police?
the objective test
A majority of states follow which test for entrapment?
the subjective test
The federal courts follow which test for entrapment?
the subjective test
Which of the following tests for entrapment focuses on the predisposition of the defendant?
the subjective test
A defendant is required to have standing to challenge the introduction of evidence at trial.
true
A lawyer's role is to observe the lineup and to take note of how the police conduct the lineup.
true
A suspect is to be granted the right to counsel at any "critical stage" of the criminal process.
true
A weak connection between the unlawful search and the seizure of evidence is also referred to as dissipating the taint.
true
An example of a suggestive procedure in a lineup is when the police point out the suspected perpetrator to the victim prior to the lineup.
true
An eyewitness identification method in which neither the administrator nor the eyewitness knows who the suspect is known as a blind administration.
true
As a general rule, defendants must challenge the admissibility of evidence as a pretrial motion to be allowed to appeal a conviction based on that evidence being allowed at trial.
true
Civil actions against the police and state governments must overcome a number of difficult barriers to be successful.
true
Entrapment is a defense to a criminal charge that is available to defendants who allege that they were induced to commit a crime by the government.
true
Every individual (other than identical twins) has a distinct genetic code
true
Historically, some jurisdictions have allowed civilians to sit on a board of review of police conduct to investigate cases of suspected abuse of authority, with the power to enact disciplinary action if necessary.
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.
true
Memory is our personal story of what happened.
true
One term for the nonsuspects in a lineup is "foils."
true
The Fifth Amendment protects individuals against being required to disclose information or what is termed testimonial evidence.
true
The Fourth Amendment protects individuals against unreasonable searches and seizures, and this safeguard would be seriously weakened if evidence seized in an unreasonable search is used against an accused at trial.
true
The Frye test asks whether a scientific technique or approach is sufficiently established to have gained general acceptance in the particular field in which it belongs.
true
The Wade-Gilbert rule provides a right to a lawyer, lineup results at trial, and in-court identification.
true
The collateral proceedings exception permits the use of unlawfully seized evidence in proceedings that are not part of the formal trial.
true
There is no right to an attorney for photographic identifications.
true
Unlawfully seized evidence, inadmissible at trial, can be considered during a habeas corpus hearing.
true
When neither the administrator of the identification process nor the eyewitness is aware of the identity of the suspect, the process is double-blind.
true
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?
victim factors
In order to determine whether the good-faith exception should apply in a given situation, the U.S. Supreme Court has stated that courts should pose the question "______."
whether a reasonably well-trained officer would have known that the search was illegal
The Frye test is used to determine ______.
whether a scientific technique is sufficiently established and accepted
An opposing lawyer's attack on a witness's credibility during cross-examination is referred to as ______.
impeachment
Unlawfully seized evidence can be admitted at trial if it can be shown that the police were acting "______."
in good faith
If there is irreparable misidentification when identifying a defendant, then the identification is referred to as ______.
inadmissible
In Wolf v. Colorado, the U.S. Supreme Court ______.
incorporated the requirements of the Fourth Amendment to the states
The ______ provides that evidence that is unlawfully seized nevertheless is admissible where the police are able to demonstrate that the evidence was also obtained through independent and lawful means.
independent source doctrine
All of the following are considered to be criticisms of entrapment except ______.
individuals will be deterred from criminal activity by the threat of government involvement in the crime
Evidence obtained resulting from an unlawful search may be used if it can be shown more likely than not that the police would have eventually discovered the evidence in a similar condition by means of the ______ rule.
inevitable discovery
All of the following arguments are made against the exclusionary rule except ______.
judicial review
Opponents of the exclusionary rule argue that the rule decreases the respect for the ______.
judiciary
Research conducted by Thomas Davies indicates that ______ of all felony arrests are either not prosecuted or result in nonconviction at trial due to loss of evidence from the exclusionary rule.
less than 3%
Asking the question "did any of these individuals commit the crime?" is a part of the ______ eyewitness identification.
lineup
When victims or eyewitnesses view a group of individuals and are then asked to identify the perpetrator, they are using which form of identification?
lineup
