Question 1

Which of the following identification procedures is generally the most suggestive?

Accepted Answer

Showup identification procedure is generally considered the most suggestive because the suspect is presented to the witness alone shortly after the crime, which increases the likelihood of a misidentification due to the witness's memory still being fresh from the event.

Question 2

If a criminal prosecution has begun, the defendant has a constitutional right to ____________ at a lineup.

Accepted Answer

The defendant has a constitutional right to have an attorney present at a lineup if a criminal prosecution has begun. This is based on the Sixth Amendment to the United States Constitution which guarantees the right to counsel. Cross-examining witnesses, selecting other participants, and videotaping the lineup are not specifically guaranteed rights under the Sixth Amendment.

Question 3

In U.S.v.Wade and Gilbert v.California, there were constitutional violations in the lineup because

Accepted Answer

In both U.S. v. Wade and Gilbert v. California, the Supreme Court found constitutional violations because the defendants were not provided with legal counsel during post-indictment lineups, violating their Sixth Amendment right to counsel.

Question 4

With regard to eyewitness identification procedures, due process requirements of fairness require that

Accepted Answer

Due process requires that eyewitness identification procedures be fair and free from suggestiveness, as suggestiveness can lead to inaccurate identifications. The other options are not necessarily required for due process. While a defendant's attorney may be present during identification procedures, it is not always necessary. It is also not required that identifications be used during trial or that there be a justification for any level of suggestiveness in the identification procedure.

Question 5

Those archival studies that have been made conclude that misidentifications lead to the conviction of innocent persons about ___of the time.

Accepted Answer

Archival studies have concluded that misidentifications lead to the conviction of innocent persons about 1/3 of the time.

Question 6

In a __________ administration of a line-up, neither the investigator administering the lineup nor the witnesses know the suspect's identity.

Accepted Answer

In a double blind administration of a lineup, neither the investigator nor the witnesses know the suspect's identity. This is done to prevent any unconscious bias or influence from the investigator towards the witness's selection.

Question 7

Requiring a person in a lineup to say the same words as the perpetrator

Accepted Answer

Voice identification procedures, such as requiring a person in a lineup to say words spoken by the perpetrator, are generally considered lawful and do not violate the privilege against self-incrimination. This is because the privilege primarily protects against compelling a person to provide testimonial evidence that is incriminating, while voice identification is considered non-testimonial.

Question 8

With regard to lineups, most agencies and organizations recommend that

Accepted Answer

It is recommended that witnesses view the lineup and make identifications in isolation from other witnesses to prevent any influence from their previous memory or opinions of others. The other options are not typically recommended as they could potentially compromise the accuracy of the identification.

Question 9

According to a 2008 Nebraska Law Review article, more than ___ percent of eyewitness testimony is mistaken identification.

Accepted Answer

According to the Nebraska Law Review article, more than 40 percent of eyewitness testimony is mistaken identification.

Question 10

The National Council of Judges recommends that a lineup include a total of at least ________ similar-appearing persons.

Accepted Answer

The National Council of Judges recommends that a lineup include at least six similar-appearing persons to ensure fairness and reduce the risk of misidentification.

Question 11

According to the 2008 Columbia Law Review article entitled "Judging Innocence", the leading cause of wrongful convictions was due to:

Accepted Answer

The 2008 Columbia Law Review article entitled "Judging Innocence" cites erroneous identification by eyewitnesses as the leading cause of wrongful convictions.

Question 12

In 2007, due to the use of DNA in criminal cases, the ___ person was found innocent.

Accepted Answer

In 2007, the 200th person was exonerated due to the use of DNA evidence in criminal cases, highlighting the impact of DNA testing in proving innocence.

Question 13

Composite sketches developed by police are used for identification by

Accepted Answer

Composite sketches developed by police are primarily used for identification by both victims and witnesses. These sketches are drawn based on the information provided by the victims or witnesses about the appearance of the perpetrator. The sketches are then used to identify suspects or to eliminate innocent parties from the investigation. Therefore, both victims and witnesses can help police create composite sketches to assist in the identification process.

Question 14

Spectrogram or voiceprint evidence comparing voices to determine a match

Accepted Answer

Spectrogram or voiceprint evidence is not widely accepted in many courts due to concerns about its reliability and the potential for error in matching voices.

Question 15

Experts agree that certain specific variables contribute greatly to eyewitness_____________.

Accepted Answer

Eyewitness misidentification is a significant problem in the criminal justice system, and many experts believe that certain variables such as poor lighting, stress, and unconscious biases can contribute greatly to this issue.

Question 16

Lineups are used to minimize __________.

Accepted Answer

Lineups are used to minimize suggestiveness, ensuring that the identification process is as fair and unbiased as possible.

Question 17

Facts that show that a crime has actually taken place is referred to as the __________ of the case.

Accepted Answer

Corpus delicti is the evidence or proof that a crime has occurred. It includes physical evidence, witness testimony, and other relevant facts that point to the commission of a crime. The burden of proof refers to the responsibility of the prosecution to prove the elements of a crime beyond a reasonable doubt, while the totality of the circumstances and preponderance of the evidence relate to the strength and amount of evidence presented in a case.

Question 18

The leading U.S.Supreme Court case on due process and eyewitness identification procedures is probably

Accepted Answer

Neil v. Biggers is the leading U.S. Supreme Court case on due process and eyewitness identification procedures. In this case, the court established a two-step process for evaluating the reliability of eyewitness identification: evaluating the witness's opportunity to view the perpetrator, and considering the accuracy of the witness's identification. This case set standards for fair and reliable eyewitness identification procedures that are still used today. U.S. v. Wade dealt with the right to counsel during a lineup and People v. Kelly and Pennsylvania v. Proctor are not major Supreme Court cases on eyewitness identification procedures.

Question 19

If a witness is shown only a single photograph and identifies the person in the photo as the perpetrator, the identification

Accepted Answer

Showing a witness only a single photograph can be suggestible and increase the likelihood of a false identification. Therefore, the identification may be suppressed as unreliable.

Question 20

Lineups properly run increase the __________of the identification evidence.

Accepted Answer

Lineups that are properly run increase the reliability of the identification evidence. This means that the identifications made are consistent, accurate and can be trusted to reflect the true identity of the perpetrator. This is important in ensuring that innocent people are not wrongly accused and that guilty parties are brought to justice.

Quiz 13: The Law Governing Identification Evidence