Q&A Hero

Q: The idea that evidence illegally obtained by police can still be admitted at trial if the link between the police illegality and the evidence's discovery is weak enough is called the _________exception.

Q: Case 14.3Officer Andretti pulls over a car that was driving 20 miles over the speed limit. After asking for license and registration from the driver, he smells the distinct odor of alcohol in the car. There is one person in the passenger seat and one in the back seat. Both of these young people appear to be minors. When he looks into the back of the car, Officer Andretti sees beer cans littering the backseat. The officer asks the passenger and the person in the back seat to exit the vehicle. They stumble and have a hard time standing up. Both of them smell of alcohol and their identification cards show they are under the legal age to consume alcohol in the state. The driver is also under age to possess or drink alcohol in the state, though does not appear to be impaired. Officer Andretti informs the driver he is being detained under state law under suspicion of providing alcohol to minors. One of the other passengers, Caitlin, becomes belligerent and shoves Officer Andretti. Officer Andretti arrests Caitlin, telling the other cooperative occupants of the car to take a seat on the curb. After placing handcuffs on Caitlin, Officer Andretti frisks the young woman and finds that she has illegal drugs in her pocket. Officer Smith arrives at this point to provide assistance, taking the driver and other passenger to the police station for processing for the alcohol offenses. The car is on a busy street and the police have it towed to the impound lot. At the lot, the on-duty officer finds a loaded 45 caliber pistol in the trunk in violation of state law.The illegal weapon found in the vehicle is:a. admissible as incident to the arrest of Caitlin.b. admissible under the motor vehicle exception.c. admissible as the product of an inventory search.d. admissible under Alabama v. White.

Q: The idea that evidence that has been illegally obtained, but would have eventually found through constitutional means should thus not be excluded by virtue of the exclusionary rule is ______ exception.

Q: Case 14.3Officer Andretti pulls over a car that was driving 20 miles over the speed limit. After asking for license and registration from the driver, he smells the distinct odor of alcohol in the car. There is one person in the passenger seat and one in the back seat. Both of these young people appear to be minors. When he looks into the back of the car, Officer Andretti sees beer cans littering the backseat. The officer asks the passenger and the person in the back seat to exit the vehicle. They stumble and have a hard time standing up. Both of them smell of alcohol and their identification cards show they are under the legal age to consume alcohol in the state. The driver is also under age to possess or drink alcohol in the state, though does not appear to be impaired. Officer Andretti informs the driver he is being detained under state law under suspicion of providing alcohol to minors. One of the other passengers, Caitlin, becomes belligerent and shoves Officer Andretti. Officer Andretti arrests Caitlin, telling the other cooperative occupants of the car to take a seat on the curb. After placing handcuffs on Caitlin, Officer Andretti frisks the young woman and finds that she has illegal drugs in her pocket. Officer Smith arrives at this point to provide assistance, taking the driver and other passenger to the police station for processing for the alcohol offenses. The car is on a busy street and the police have it towed to the impound lot. At the lot, the on-duty officer finds a loaded 45 caliber pistol in the trunk in violation of state law.The drugs found on Caitlin:a. are admissible because she was suspected of drinking underage.b. are inadmissible because she was suspected of drinking underage not drug possession.c. are inadmissible because Andretti lacked probable cause to search for drugs.d. are admissible because she was arrested for her assault on Andretti.

Q: The ________exception to the exclusionary rule is based on an objective test of whether a well- trained officer would have known his or her actions were illegal under the circumstances.

Q: Case 14.2Officer Antioch is investigating a disturbance in a large apartment building. The complainant says that the people in Apartment 103 won"t stop playing their music so loud that the complainant can"t sleep. Officer Antioch knocks on the door of Apartment 103 and Melissa answers the door. Officer Antioch is also overwhelmed by the loudness of the stereo system and asks Melissa to turn the stereo down. While he is standing in the hallway, Melissa jumps towards the coffee table that contains drug paraphernalia, grabs a bag of white powder, and rushes towards the bathroom. Officer Antioch believes Melissa is about to flush illegal drugs down the toilet and enters the apartment, but Melissa closes the bathroom door behind her. Officer Antioch then hears the distinctive sound of the toilet flushing. Melissa exits the bathroom as if nothing had happened. Officer Antioch knows that possession of the drug paraphernalia is itself a felony, but just then Bob appears from an adjoining bedroom, grabs the drug paraphernalia from the coffee table and sprints out of the apartment. Officer Antioch sees Bob banging on the door of another apartment belonging to Charlie and Charlie admits Bob. Officer Antioch barges into Charlie's apartment and arrests Bob, who is still holding the drug paraphernalia from Melissa's apartment. He also arrests Melissa for the possession of drug paraphernalia. Officer Antioch searches Bob and finds that he also has cocaine in his front pocket.The cocaine that Officer Antioch found in Bob's pocket:a. is not admissible since he is only allowed to search for weapons that might jeopardize officer safety at the time of arrest.b. is admissible because criminals impliedly consent to such searches.c. is admissible only if the cocaine can be related back to Melissa's crimes.d. is admissible if probable cause to make the arrest of Bob exists.

Q: Weeks v. U.S.gave birth to the ________in 1914.

Q: Case 14.2Officer Antioch is investigating a disturbance in a large apartment building. The complainant says that the people in Apartment 103 won"t stop playing their music so loud that the complainant can"t sleep. Officer Antioch knocks on the door of Apartment 103 and Melissa answers the door. Officer Antioch is also overwhelmed by the loudness of the stereo system and asks Melissa to turn the stereo down. While he is standing in the hallway, Melissa jumps towards the coffee table that contains drug paraphernalia, grabs a bag of white powder, and rushes towards the bathroom. Officer Antioch believes Melissa is about to flush illegal drugs down the toilet and enters the apartment, but Melissa closes the bathroom door behind her. Officer Antioch then hears the distinctive sound of the toilet flushing. Melissa exits the bathroom as if nothing had happened. Officer Antioch knows that possession of the drug paraphernalia is itself a felony, but just then Bob appears from an adjoining bedroom, grabs the drug paraphernalia from the coffee table and sprints out of the apartment. Officer Antioch sees Bob banging on the door of another apartment belonging to Charlie and Charlie admits Bob. Officer Antioch barges into Charlie's apartment and arrests Bob, who is still holding the drug paraphernalia from Melissa's apartment. He also arrests Melissa for the possession of drug paraphernalia. Officer Antioch searches Bob and finds that he also has cocaine in his front pocket.Officer Antioch's entry into Charlie's apartment:a. required him to secure a search warrant based on probable cause that a crime had been or was being committed as Charlie is innocent of any crime and has a reasonable expectation of privacy to his personal home.b. is permitted since Officer Antioch was pursuing Bob.c. required him to announce he was entering the apartment "in the name of the law."d. is permitted since he believed drugs would be destroyed.

Q: The exception to the exclusionary rule which allows the admission of evidence if the police reasonably and honestly relied on a search warrant valid on its face but defective in fact is the ___________exception.

Q: Evidence derived from illegally obtained evidence is called ________of the ________.

Q: Case 14.2Officer Antioch is investigating a disturbance in a large apartment building. The complainant says that the people in Apartment 103 won"t stop playing their music so loud that the complainant can"t sleep. Officer Antioch knocks on the door of Apartment 103 and Melissa answers the door. Officer Antioch is also overwhelmed by the loudness of the stereo system and asks Melissa to turn the stereo down. While he is standing in the hallway, Melissa jumps towards the coffee table that contains drug paraphernalia, grabs a bag of white powder, and rushes towards the bathroom. Officer Antioch believes Melissa is about to flush illegal drugs down the toilet and enters the apartment, but Melissa closes the bathroom door behind her. Officer Antioch then hears the distinctive sound of the toilet flushing. Melissa exits the bathroom as if nothing had happened. Officer Antioch knows that possession of the drug paraphernalia is itself a felony, but just then Bob appears from an adjoining bedroom, grabs the drug paraphernalia from the coffee table and sprints out of the apartment. Officer Antioch sees Bob banging on the door of another apartment belonging to Charlie and Charlie admits Bob. Officer Antioch barges into Charlie's apartment and arrests Bob, who is still holding the drug paraphernalia from Melissa's apartment. He also arrests Melissa for the possession of drug paraphernalia. Officer Antioch searches Bob and finds that he also has cocaine in his front pocket.Officer Antioch's entry into Melissa's apartment:a. required him to secure a search warrant based on probable cause that a crime had been or was being committed as Melissa has a reasonable expectation of privacy to her personal home.b. is permitted since he was investigating a disturbance of the peace.c. required him to announce he was entering the apartment "in the name of the law."d. is permitted since he believed drugs would be destroyed.

Q: __________is another term used to describe probative evidence, or evidence that proves (or helps to prove) defendants committed the crimes they are charged with.

Q: Examine the reforms that legal experts suggest courtscan implement to improve eyewitness identification reliability.

Q: Case 14.1Officer Jamison is on patrol in his typical neighborhood, when he notices a young woman standing alone near the local bank. When she sees his patrol car, she turns around and starts walking in the other direction. Officer Jamison pulls up alongside the young woman and notices that she has quite a few tattoos on her arms and is clutching a paper bag. Officer Jamison pulls over and gets out of his car, asking the woman if he could have a word with her. She stops and stares at the officer, but says nothing. When Officer Jamison asks for her identification, she begins to walk away. Officer Jamison does not recognize the woman and has a hunch that she may have drugs or other contraband in the paper bag. He then tells the young woman, "Halt. What are you doing in this neighborhood and why won"t you tell me who you are?" When she fails to comply, Jamison steps in her path and crosses his arms, saying, "Young lady, I asked you a fair question. So, will you please answer me?" At this time, she reverses course and starts to walk the other way down the open sidewalk.Could a judge determine that stepping in front of the young woman constituted an investigative detention?a. If the young woman believes she was not free to go.b. Only if a reasonable person would have believed they were not free to go.c. Only if the young woman does not have any illegal drugs in the bag.d. If witnesses suspected the young woman possessed drugs in the bag.

Q: Define the various ways a defendant can be identified as the perpetrator of a crime in a criminal courtroom.

Q: Define the AMBER alert system.

Q: Discuss what psychologists know about the confidence an eyewitness has in his or her identification and how that confidence will impact a case.

Q: Identify the two steps in the totality of circumstances due process test of admissibility of eyewitness identification created by the U.S. Supreme Court. Identify and describe the five circumstances in the totality of circumstances due process test you identified.

Q: The New Jersey Court established procedures to be followed at a pre-trial hearing to determine if eyewitness identifications are admissible. List these procedures.

Q: Discuss the Metropolitan Police Department of the District of Columbia (Washington, DC) issued instructions in regard to the use of photographs and the photographic array:

Q: Discuss show-up identification procedures and problems related to them.

Q: Discuss the importance of pre-lineup instructions in identification procedures for lineups.

Q: What are the rules for lineups as identification as defined by the National Council of Judges?

Q: What are other ways, other than lineups, the police can make the identification of a person as the perpetrator of a crime more reliable?

Q: Identification evidence, with all of its problems, is the most widely used, often the only, evidence available to identify and prove the guilt of ________.

Q: Discuss, define, compare, and contrast lineups, showups, and photographic displays. In general, what are the reliability benefits and suggestiveness drawbacks of each technique?

Q: A witness's identification is susceptible to ________, a powerful contributor to mistaken identity during memory retrieval.

Q: What are the possible causes of mistaken eyewitness identification? Discuss each.

Q: _________research about eyewitness identifications involves analyzing previously used identification procedures in actual criminal cases.

Q: The constitutional provision governing most identification procedures is the _________ .

Q: The identification procedure where a witness is shown multiple photographs is called a(n) _________.

Q: Single-photograph showings are suggestive; however, a prosecutor and the police could attempt to show by testimony or other evidence that the identification is sufficiently______.

Q: Lineups should be conducted in a manner that avoids impermissible ____________.

Q: A person running an identification procedure who does not know the suspects is called a/n ___________.

Q: According to eyewitness expert Elizabeth Loftus, _______shapes what a witness will remember and recall during the identification process.

Q: ________should be used whenever practical and must be used in situations where show- ups would not be authorized.

Q: Many businesses, apartment buildings, schools and public places have _________ cameras, which can be used as sources of obtaining identification evidence.

Q: The test used to determine whether an identification was reliable, even if unnecessarily suggestive, is the ______of _______test.

Q: In Foster v. California, two lineups occurred with the suspect in both lineups. The courts held that this was a denial of ____________.

Q: _________is when the brain stores information between the time of the crime and the lineup, show-up, or photo identification.

Q: The group of photographs shown to a witness is called the photographic ____________.

Q: The right to an attorney at a ____________lineup was established by the Court in U.S. v. Wade.

Q: A procedure used for the identification of suspects in a crime whereby a suspect is presented by himself alone to a witness for possible identification is known as a/an __________.

Q: In _____, the U.S. Supreme Court held that a showup held two days after a crime in a hospital was permissible because the witness was in critical condition.

Q: One of the reforms suggested to improve eyewitness identification is to present the suspect and the fillers in a lineup simultaneously. a. True b. False

Q: A defendant may be proved to be the perpetrator of the crime by direct or ______________ evidence.

Q: There is consensus today that it is possible to use DNA testing to determine whether a biological tissue matches a suspect with near certainty. a. True b. False

Q: With the totality of circumstances approach, under certain circumstances, a court can admit identification evidence even if the identification procedure was suggestive. a. True b. False

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

Q: The alleged suggestiveness and unreliability of a show-up is evaluated by a different test than the one for the suggestiveness and unreliability of a lineup. a. True b. False

Q: Show-ups are less reliable than lineups. a. True b. False

Q: At a lineup, a defendant may have a right to an attorney under the ____________ Amendment.

Q: According to the Supreme Court, identification evidence is automatically inadmissible if the identification procedure was unnecessarily suggestive. a. True b. False

Q: Eyewitness identifications are less reliable when the witness is of a different _________ than the suspect.

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

Q: The leading U.S. Supreme Court case on due process and eyewitness testimony isNeil v._____________.

Q: The Supreme Court has ruled that there is a constitutional right of access to forensic evidence. a. True b. False

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

Q: In due process eyewitness identification cases, courts will look at the totality of the ____________.

Q: Research suggests that jurors consistently believe mistaken identification evidence when faced with witnesses who are confident about their eyewitness identifications. a. True b. False

Q: Many wrongful convictions based on faulty eyewitness testimony have been overturned because of the increased use of ____________ evidence.

Q: A(n) ___________ is an identification procedure in which only one subject is shown to witnesses or the victim of a crime.

Q: Research indicates that most eye witnesses to crimes are very good at acquiring accurate information while the crime is being committed. a. True b. False

Q: Research indicates that 50% of defendants exonerated by DNA are cases involving mistaken eyewitness identification. a. True b. False

Q: Case 13.3Officer Franklin is investigating theft of art from the local museum. Three people claim they were present when a woman wearing a smock rushed into the museum and snatched the van Gogh off the wall before running out a side exit. All three witnesses are at the police station and Officer Franklin has asked them to sit down with the police department sketch artist to help with his investigation. Together, the witnesses provide the artist with all the details they can recall, though there is some significant disagreement on some of the details. Officer Franklin uses the sketch on a wanted poster and Priscilla is identified by her neighbor, Molly, as matching the description. When she is brought in for questioning, Priscilla denies involvement in the crime and demands to have her attorney present. Priscilla refuses to participate in any lineup. The missing painting is not recovered, though a smock matching the description of the witnesses is recovered at her home.The prosecutor may:a. not introduce evidence that Priscilla refused to participate in the lineup.b. introduce the smock as evidence to corroborate eyewitness testimony.c. not use the sketch for purposes of corroborating in-court identification.d. not use the testimony of any witness involved in the artist sketch as this would be inadmissibly redundant.

Q: Eyewitness identification of strangers is low in reliability, even in the most ideal settings. a. True b. False

Q: Case 13.3Officer Franklin is investigating theft of art from the local museum. Three people claim they were present when a woman wearing a smock rushed into the museum and snatched the van Gogh off the wall before running out a side exit. All three witnesses are at the police station and Officer Franklin has asked them to sit down with the police department sketch artist to help with his investigation. Together, the witnesses provide the artist with all the details they can recall, though there is some significant disagreement on some of the details. Officer Franklin uses the sketch on a wanted poster and Priscilla is identified by her neighbor, Molly, as matching the description. When she is brought in for questioning, Priscilla denies involvement in the crime and demands to have her attorney present. Priscilla refuses to participate in any lineup. The missing painting is not recovered, though a smock matching the description of the witnesses is recovered at her home.Priscilla's attorney is moving to have the sketch suppressed as evidence against her client. What is the best approach to attack this evidence?a. Witnesses should be separated to get an independent description of the suspect.b. Wanted posters are notoriously inaccurate.c. Molly has a grudge against Priscilla.d. The van Gogh painting is still missing.

Q: Case 13.2A woman was pushed to the ground by a man, who then stole her purse. He fled the scene on foot. A police officer responded to the crime, but was unable to locate the suspect based on the description by the victim. The next day, the woman was called into the police station and selected a picture of Bob out of several photos shown to her by the police officer. Bob was brought in and made to stand next to two other men of similar height and build. The victim promptly identified Bob as the man who pushed her down and took her purse. Bob was arrested for robbery.Bob's attorney is also trying to get the identification at the lineup suppressed. What is her best argument?a. A lineup was not necessary and using this additional method unduly prejudiced the witness against Bob.b. Bob was one of only three men in the lineup.c. An additional witness to the crime was never asked to identify Bob.d. Bob had declined to ask for an attorney at the time of the lineup.

Q: Identifying perpetrators is easier than proving that a crime was committed. a. True b. False

Q: Failure to recall a detail about a crime or recognize the perpetrator is considered: a. an error of commission. b. faulty acquisition. c. an error of omission. d. retention failure.

Q: Case 13.2A woman was pushed to the ground by a man, who then stole her purse. He fled the scene on foot. A police officer responded to the crime, but was unable to locate the suspect based on the description by the victim. The next day, the woman was called into the police station and selected a picture of Bob out of several photos shown to her by the police officer. Bob was brought in and made to stand next to two other men of similar height and build. The victim promptly identified Bob as the man who pushed her down and took her purse. Bob was arrested for robbery.Bob's attorney is trying to get the identification by photograph suppressed at trial. Which argument would help her the most?a. Photographic arrays are always unduly suggestive.b. Bob's photo was only one of nine shown to the victim.c. A police sketch artist should have been used.d. The photographs used in the lineup were not preserved.

Q: Which of the following is NOT a reason for flawed forensic tests?a. Monopolyb. Lack of financial resources c. Poor quality controld. Information sharing

Q: Case 13.1Officer Mendelson responds to a robbery call at a local music store. On arrival, the store owner and five witnesses say a young man grabbed an arm full of classical records and just ran down the street. Mendelson runs out of the store and sees a young man disappear around the corner. He catches up with him and tackles him to the ground. Mendelson had seen classical records on the ground earlier, but did not see the young man holding or dropping these records. There were no other people on the street at the time, except an older woman with a cane. The police officer decides it is too much of a hassle to bring the young man down to the station for a formal lineup and decides to bring him back to the store to see if anyone can recognize him. Sure enough, the owner identifies him as the robber, as do the other five witnesses, one after another. Mendelson arrests the man and he is promptly charged with robbery.At trial, the shop owner takes the stand and is asked whether the person sitting next to the defense attorney is the same young man who robbed his music store.a. This question eliminates any possible constitutional violation of an improper showup by Mendelson.b. The question is unduly suggestive and renders the courtroom identification inadmissible.c. The prosecutor can also ask if the witness had identified the defendant as the robber before trial.d. The witness cannot be cross examined about this identification by the defense.

Q: The Supreme Court in District Attorney's Office for the Third Judicial District v. Osborne(2009) involved prisoner Osborne's postconviction request to compel officials to release biological evidence so it could be submitted to DNA testing. What was the finding of the Court? a. Osborne has a right under the U.S. Constitution of access to forensic evidence b. Osborne's rights under Alaska law were violated c. there is no right under the U.S. Constitution of access to forensic evidence d. DNA testing is too expensive to make it a constitutional right

Q: Case 13.1Officer Mendelson responds to a robbery call at a local music store. On arrival, the store owner and five witnesses say a young man grabbed an arm full of classical records and just ran down the street. Mendelson runs out of the store and sees a young man disappear around the corner. He catches up with him and tackles him to the ground. Mendelson had seen classical records on the ground earlier, but did not see the young man holding or dropping these records. There were no other people on the street at the time, except an older woman with a cane. The police officer decides it is too much of a hassle to bring the young man down to the station for a formal lineup and decides to bring him back to the store to see if anyone can recognize him. Sure enough, the owner identifies him as the robber, as do the other five witnesses, one after another. Mendelson arrests the man and he is promptly charged with robbery.At trial, the young man's attorney asserts that the showup was improper. On what basis might the attorney succeed?a. The young man was not in possession of the classical records.b. Showups are always highly suggestive.c. Some witnesses might have identified him only because the first witnesses did.d. Mendelson did not ask the other witnesses to identify the robber before the showup took place.

Q: One of the most important criminal law issues today is whether the Constitution establishes: a. that DNA testing is required in all criminal cases. b. that DNA testing is required in all cases involving stranger on stranger crimes. c. a post conviction right to access previously produced forensic evidence so it can be DNA tested in order to establish innocence. d. a post conviction right to retest evidence that was DNA tested during the criminal trial.

Q: Case 13.1Officer Mendelson responds to a robbery call at a local music store. On arrival, the store owner and five witnesses say a young man grabbed an arm full of classical records and just ran down the street. Mendelson runs out of the store and sees a young man disappear around the corner. He catches up with him and tackles him to the ground. Mendelson had seen classical records on the ground earlier, but did not see the young man holding or dropping these records. There were no other people on the street at the time, except an older woman with a cane. The police officer decides it is too much of a hassle to bring the young man down to the station for a formal lineup and decides to bring him back to the store to see if anyone can recognize him. Sure enough, the owner identifies him as the robber, as do the other five witnesses, one after another. Mendelson arrests the man and he is promptly charged with robbery.Officer Mendelson could use this procedure because:a. taking the young man to the police station was inconvenient.b. he lacked probable cause and the crime had just been committed near the location of the arrest.c. five or more witnesses were available.d. lineup arrays can lead to misidentification of suspects.

Q: Archival studies indicate that misidentifications lead to the conviction of innocent persons about _____ of the time. a. 1/4 b. 1/3 c. 1/2 d. 3/4

Q: It is agreed among scientists that DNA technology can: a. distinguish between any two individuals, other than identical twins. b. distinguish between general types of individuals. c. distinguish within 35-40% accuracy between two individuals. d. accurately identify the blood types of individuals.

Q: Experts agree that certain specific variables contribute greatly to eyewitness_____ a. accountability b. satisfaction c. misidentification d. profiling