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Law
Q:
In Manson v. Braithwaite (1977), for determining the admissibility of witness identification, the majority of the Supreme Court endorsed what became known as the:a. per seapproach.b. blind administration test.c. the totality of the circumstances approach.d. the better use approach.
Q:
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?a. Witness level of certainty when identifying the suspects during the ID procedure.b. Witness degree of attention at the time of the crime.c. Witness age at the time of the crime.d. Witness opportunity to observe.
Q:
Properly run lineups increase the _____ of the identification evidence.
a. truthfulness
b. recall bias
c. suggestiveness
d. reliability
Q:
According to the Supreme Court opinion in Manson v. Braithwaite (1977), involving identifying a man from a single photograph whom the identifier had seen only once in poor light for several minutes:a. such evidence must always be excluded if it is suggestive.b. reliability is the linchpin in determining the admissibility of identification testimony.c. photographic identification procedures are perseunconstitutional.d. no identification based on a single photograph is ever reliable.
Q:
Lineups are used to minimize _____
a. suggestiveness
b. redundancy
c. stress for the victim
d. inefficiency
Q:
Facts that show that a crime has actually taken place is referred to as the _____ of the case.
a. corpus delicti
b. burden of proof
c. totality of the circumstances
d. preponderance of the evidence
Q:
According to the Supreme Court, show-ups are:
a. so suggestive that they are always unconstitutional.
b. permissible if they do not result in a very substantial likelihood of misidentification.
c. unconstitutional if the police could have reasonably been able to set up a lineup instead.
d. are permissible only if defense counsel is present when they are conducted.
Q:
What did the court decide with regards to show-ups where the police typically bring one person by for the victim or witness to identify?
a. Since the process is highly suggestive and widely condemned, it violates due process and therefore cannot be used.
b. The police can no longer use show-ups unless they have at least two or more suspects.
c. The police can only use a show-up if the suspect consents.
d. This process is highly suggestive and widely condemned, but it does not deny due process and is therefore permitted.
Q:
Requiring a person in a lineup to say the same words as the perpetrator _____
a. is a violation of the privilege against self-incrimination.
b. can only be done if the defendant's attorney is present.
c. is generally a lawful technique.
d. can only be done if a judge is present to insure the lineup is fair.
Q:
Which of the following is NOT a suggestion for lineups by legislatures and law enforcement agencies, based on psychological research?
a. Include police officers in the line-up.
b. Assess eyewitness confidence immediately after identification.
c. Present the suspect and the fillers sequentially rather than simultaneously.
d. Use a double blind procedure.
Q:
With regard to lineups, most agencies and organizations recommend that _____
a. there be a minimum of four individuals in the lineup.
b. witnesses view the lineup and make identifications in isolation from other witnesses.
c. a judge be present to insure the lineup is fair.
d. witnesses be allowed to make a group decision as to the identification.
Q:
Spectrogram or voiceprint evidence comparing voices to determine a match _____
a. has been approved by the U.S. Supreme Court.
b. is admissible in all courts.
c. is admissible if the defendant agrees.
d. is not admissible in many courts.
Q:
In U.S. v. Wade (1967), it was found that the law enforcement had violated the defendant's Sixth Amendment rights for what reason?a. DNA samples were taken without consent from his attorney.b. He was placed in a lineup after being indicted without counsel present.c. There was insufficient clarity in a photograph used to identify him in a photo array.d. Eyewitnesses were encouraged by police officers to select him from a line-up.
Q:
Many legal commentators suggest that one way to reform identification procedures would be to:
a. loosen the standards for admitting expert testimony on human perception and memory and the problems related to eyewitness identification.
b. require all eyewitnesses to undergo psychological testing concerning their recall and retention abilities.
c. require police to corroborate all eyewitness identifications for all types of cases.
d. totally ban the use of photo identification procedures.
Q:
The leading U.S. Supreme Court case on due process and eyewitness identification procedures is probably _____
a. Neil v. Biggers.
b. U.S. v. Wade.
c. People v. Kelly.
d. Pennsylvania v. Proctor.
Q:
Which of the following identification procedures is generally the most suggestive?
a. lineup
b. photographic display
c. victim looking through books of mug shots
d. showup
Q:
Psychological research shows that when the person administering an identification procedure somehow confirms the witness's pick, the comments:a. have no impact on the witness's confidence in their identification.b. cause witness's to question whether the administrator is trying to influence their identification.c. cause witness's to have greater confidence in the accuracy of their identification.d. cause witness's to doubt their identification.
Q:
In order to exclude identification evidence on due process grounds, defendants must prove the identification procedure was unnecessarily suggestive and created a substantial likelihood of misidentification:a. beyond a reasonable doubt.b. by a preponderance of the evidence.c. by clear and convincing proof.d. beyond a reasonable suspicion.
Q:
In U.S. v. Wade and Gilbert v. California, there were constitutional violations in the lineup because _____
a. the lineups were unreasonably suggestive.
b. police dropped hints as to who to identify.
c. no attorney was present for the defendant.
d. there were only three suspects in the lineups.
Q:
In State v. Long (1986), the court ruled that trial courts had to give jurors _________instruction explaining the weaknesses of eyewitness identification evidence.a. cautionaryb. identification c. objectived. evidentiary
Q:
Composite sketches developed by police are used for identification by _____.
a. victims
b. witnesses
c. perpetrators
d. both victims and witnesses
Q:
With regard to eyewitness identification procedures, due process requirements of fairness require that _____.
a. there be no suggestiveness in the procedure
b. the defendant's attorney be present
c. the identification be reliable, even though it may have had some elements of suggestiveness
d. lineups be used at trial to identify the perpetrator
Q:
Which of the following is NOT one of the three variables included by psychologists in the Manson reliability test of eyewitness identification?a. The eyewitness's opportunity to view the criminal.b. The amount of attention the witness paid to the criminal.c. The witness's confidence in the accuracy of their identification.d. Expert testimony concerning the reliability of eyewitness identification.
Q:
In April 2007, DNA evidence was used to clear the _____ innocent person mistakenly convicted of a crime.
a. 75th
b. 120th
c. 200th
d. 100th
Q:
Identification of a single suspect by a witness is called a(n):
a. lineup.
b. photo array.
c. show-up.
d. in-court identification.
Q:
When a witness selects the person in the lineup who looks most like the culprit, believing the offender has to be in the lineup, this is referred to as a ________judgment.a. conclusive b. suggestible c. relatived. subjective
Q:
If a witness is shown only a single photograph and identifies the person in the photo as the perpetrator, the identification _____.
a. may be suppressed because it is too suggestive
b. will always be suppressed unless the defendant's attorney was present
c. will not be suppressed if the defendant waives the privilege against self-incrimination
d. cannot be admitted
Q:
_________lineups reduce the power of suggestion and reduce the possibility that the witness will pick the person who most resembles the perpetrator:
a. Sequential
b. Simultaneous
c. Blind
d. Photo
Q:
If a criminal prosecution has begun, the defendant has a constitutional right to _____ at a lineup.
a. have an attorney present
b. cross-examine the witnesses
c. select the other participants
d. have the lineup videotaped
Q:
Researchers recommend that officials:
a. present members in a lineup to the witness at the same time, standing together.
b. have the officer who arrested the suspect conduct the lineup.
c. present members of the lineup to the witness one at a time.
d. inform the witness that the suspect is one of the individuals they will be asked to identify in the lineup.
Q:
The National Council of Judges recommends that a lineup include a total of at least _____ similar-appearing persons.
a. four
b. five
c. six
d. seven
Q:
According to the 2008 Columbia Law Review article entitled "Judging Innocence", the leading cause of wrongful convictions was due to _____:
a. Jury nullification
b. Mistakes made by judges.
c. Public defenders being unprepared.
d. Erroneous identification by eyewitnesses.
Q:
Suggestive lineups:
a. lead to automatic exclusion of the identification made at them.
b. are always questioned by the trial judge.
c. always give rise to a substantial likelihood of misidentification.
d. do not lead to automatic exclusion of the identification made at them.
Q:
Research shows that jurors:
a. tend to overestimate the accuracy of a witness's lineup identification.
b. tend to question the accuracy of eye witness identification.
c. understand the problems involved in administering identification procedures.
d. are aware of the research about eyewitness identification.
Q:
In a(n) _____ administration of a line-up, neither the investigator administering the lineup nor the witnesses know the suspect's identity.
a. voluntary
b. custodial
c. double blind
d. multiple race
Q:
According to a 2008 Nebraska Law Review article, more than _____ percent of eyewitness testimony is mistaken identification.
a. 20
b. 30
c. 40
d. 50
Q:
Which of the following is NOT of one Wisconsin's recommendations for improving police lineups?a. Present the suspect and the fillers simultaneously.b. Instruct eyewitnesses that the real criminal may or may not be present in the lineup. c. Use a "double blind" procedure.d. Use fillers that will minimize any suggestiveness that might indicate the suspect.
Q:
The leading cause of the wrongful convictions was erroneous identification by eyewitnesses.
a. True
b. False
Q:
Police should always attempt to find additional evidence to corroborate the identification made by an eyewitness.
a. True
b. False
Q:
The participants in most police lineups consist mainly of:
a. police officers and inmates from the local jail.
b. volunteers from the community.
c. civilians who work for the police department.
d. correctional officers.
Q:
________refers to the perception of an event when information is first entered into a person's memory.a. Recallb. Acquisition c. Suggestion d. Retention
Q:
According to research conducted by Elizabeth Loftus, witnesses often added to their stories of crimes:
a. based on the suggestions made to them about what happened.
b. if they were pressed by officials for more detail.
c. when they felt as if officials did not believe their original story.
d. when they felt as if their memory was fading.
Q:
A showup cannot be used in emergency situations, such as a dying victim.
a. True
b. False
Q:
Many jurisdictions permit testimony about prior out of court identification.
a. True
b. False
Q:
Over time memory:
a. fades and witnesses recognize this problem.
b. fades, but witnesses develop greater confidence about their recall ability.
c. improves, but witnesses do not have confidence in this fact.
d. improves and witnesses recognize this fact.
Q:
Biometrics refers to the use of a biological reference system.
a. True
b. False
Q:
_________ is when eyewitnesses are shown persons or objects and asked whether they are involved in the crime.a. Recallb. Recognition c. Suggestion d. Retention
Q:
Psychologists separate memory into three phases. Which of the following is NOT one of the three phases?a. Acquisition b. Retentionc. Retrieval d. Utterance
Q:
Voiceprints are voice graphs made on a spectrograph that analyzes voice recordings based on intensity, frequency and time gaps.
a. True
b. False
Q:
The sequential lineup does not differ importantly from the simultaneous lineup.
a. True
b. False
Q:
There is considerable evidence that people are poor at identifying:
a. members of another race.
b. members of their own race.
c. people with the same hair color as they have.
d. people with physical characteristics that are very different than their own.
Q:
Perry v. New Hampshire (2012) 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 showups constitute "fruit of the poisonous tree" and cannot be used at trial.
c. accidental show-ups are preferably to organized line-ups.
d. accidental show-ups are a highly successful tool of law enforcement.
Q:
For purposes of a legitimate lineup, witnesses should be separated and interviewed alone.
a. True
b. False
Q:
Using a single photograph to obtain identification always violates due process.
a. True
b. False
Q:
Best guesses indicate that eyewitness misidentifications account for ______percent of wrongful convictions of persons eventually exonerated by DNA.a. 10 b. 25 c. 75 d. 90
Q:
Experts theorize that the greatest threat to an innocent person being convicted is:
a. prosecutorial misconduct.
b. police misconduct.
c. mistaken identification of strangers.
d. judicial misconduct.
Q:
The National Institute of Justice reports that over 75,000 individuals annually go to trial based on eyewitness testimony.
a. True
b. False
Q:
Which of the following are major procedures used by the police to help eyewitnesses identify suspects?a. A confrontation, a photo identification, a lineup, and/or a show-up. b. A photo identification, a lineup, and/or a show-up.c. A confrontation, a lineup, and/or a show-up.d. A photo identification and/or a confrontation.
Q:
In crimes of rape and murder, offenders usually leave traces of tissue or bodily fluids.
a. True
b. False
Q:
State the facts of the case and explain the significance of the U.S. Supreme Court case New York v. Quarles.
Q:
It is a violation of the privilege against self-incrimination for a suspect to be required to speak at a lineup using the same words used by the perpetrator.
a. True
b. False
Q:
According to the 2008 Columbia Law Review article "Judging Innocence", two-thirds of the defendants making false confessions were juveniles, mentally retarded, or both.
a. True
b. False
Q:
State the reasons for the bright-line rule regarding warnings to suspects adopted in Miranda v. Arizona. Identify two circumstances that have to be present before officers are required to give the Mirandawarnings. List three types of questioning when officers do not have to give the Mirandawarnings.
Q:
Define "witness against himself," and give examples of what's included and not included within the definition.
Q:
If there is more than one witness at a lineup, the witnesses should be allowed to confer before making their identification.
a. True
b. False
Q:
Identify the three provisions in the U.S. Constitution that govern police interrogations and confessions.
Q:
Witnesses must be allowed to view the lineup as a group.
a. True
b. False
Q:
The National Council of Judges recommends that lineups contain at least six persons.
a. True
b. False
Q:
Discuss three suggested reforms aimed at reducing false confessions.
Q:
The chance of misidentification is 1.56 times less likely where the witness and the suspect are members of a different race.
a. True
b. False
Q:
The totality of circumstances in each case has to demonstrate that before suspects talked, they knew they had their Miranda rights and that they were giving them up in order to "˜pass' the ________test.
Q:
One reason misidentification happens is because we do not record everything we see in our brains.
a. True
b. False
Q:
Forced confessions are not admissible as evidence at trial because they are not trustworthy describes the ________ for due process.
Q:
Eyewitness identification is less reliable if the witness is of a different race than the suspect.
a. True
b. False
Q:
The "_______ of a _______" test defines police interrogation as any action or words that police should know are reasonably likely to elicit an incriminating response from the suspect.
Q:
The right to counsel clause is found in the ________Amendment.
Q:
Eyewitness identifications are extremely reliable.
a. True
b. False
Q:
When does a person have a right to an attorney?
Q:
________false confessions occur when vulnerable suspects confess under highly suggestive interrogation methods in order to end them, and come to believe they actually committed the crime.
Q:
Specifically saying that you give up your rights is called a(n) ________waiver.