Determining Independent Origin of In-Court Identifications Quiz

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Questions and Answers

According to Penal Code Section 859.7, what is a lineup?

  • A statewide standard for conducting identification procedures.
  • A written statement provided by an eyewitness describing the perpetrator of the offense.
  • A physical or photographic group of people from which a witness may pick the perpetrator of the crime. (correct)
  • A one-on-one confrontation between a witness and a suspect, usually in the field.

What is the minimum requirement for conducting identification procedures according to Penal Code Section 859.7?

  • The investigator conducting the identification procedure shall use blind administration or blinded administration during the identification procedure.
  • The eyewitness shall provide the description of the perpetrator of the offense prior to conducting the identification procedure. (correct)
  • The eyewitness should not feel compelled to make an identification.
  • The investigator shall state in writing the reason that the presentation of the lineup was not conducted using blind administration, if applicable.

What is a showup?

  • A written statement provided by an eyewitness describing the perpetrator of the offense.
  • A physical or photographic group of people from which a witness may pick the perpetrator of the crime.
  • A one-on-one confrontation between a witness and a suspect, usually in the field. (correct)
  • A statewide standard for conducting identification procedures.

When does a suspect have the right to an attorney at a physical lineup?

<p>After the commencement of criminal judicial proceedings (D)</p> Signup and view all the answers

What are the two events that can initiate a criminal action?

<p>The return of a grand jury indictment or the filing of a criminal complaint (D)</p> Signup and view all the answers

What does the right to an attorney at a physical lineup include?

<p>The right to have counsel view the lineup and what the witnesses say and do in the observation room (C)</p> Signup and view all the answers

What factors do courts consider when determining the 'independent origin' of an in-court identification?

<p>The witness' identification/non-identification history (A)</p> Signup and view all the answers

What is the purpose of fully documenting a witness' description in a report?

<p>To provide evidence for cross-examination (A)</p> Signup and view all the answers

What is the general rule for arranging a showup between a witness and a suspect?

<p>Bring the witness to the suspect (B)</p> Signup and view all the answers

Under what circumstances can a suspect be transported to the witness for identification?

<p>If there is probable cause to arrest the suspect (C)</p> Signup and view all the answers

What should an identification procedure be composed of?

<p>Fillers that fit the eyewitness' description of the perpetrator (C)</p> Signup and view all the answers

In a photo lineup, what information should not be visible to the eyewitness?

<p>Writings or information about any previous arrest of the person suspected as the perpetrator (A)</p> Signup and view all the answers

How many suspected perpetrators should be included in any identification procedure?

<p>Only one (D)</p> Signup and view all the answers

Which of the following can make a photo array impermissibly suggestive?

<p>Including the defendant's name and identification number on one photo only (B)</p> Signup and view all the answers

What should be done if the eyewitness identifies a person as the perpetrator?

<p>The investigator should inquire about the eyewitness' confidence level and record it in writing (C)</p> Signup and view all the answers

What should you not do during a lineup?

<p>Say or do anything during the identification (B)</p> Signup and view all the answers

When more than one witness is viewing a lineup, what should you not permit them to do?

<p>Compare notes about the description of the perpetrator(s) (C)</p> Signup and view all the answers

What is the general rule regarding showups?

<p>They are automatically suggestive (C)</p> Signup and view all the answers

Which factors should be considered when assessing the reliability of a witness's identification?

<p>The accuracy of any prior description of the suspect (A)</p> Signup and view all the answers

What did the California Supreme Court call the use of a single photo shown to an eyewitness?

<p>A single-photograph showup (B)</p> Signup and view all the answers

Under what circumstances should single-photograph showups be used according to the court?

<p>Only when absolutely necessary (A)</p> Signup and view all the answers

What must a prosecutor show in order for a suggestive pretrial identification to be allowed as evidence at trial?

<p>That the suggestive identification did not affect the accuracy of the identification at trial (C)</p> Signup and view all the answers

What did the Supreme Court hold in the case of Perry (2012) 565 U.S. 228?

<p>The fallibility of eyewitness evidence does not warrant a due process rule requiring a trial court to screen such evidence for reliability before allowing the jury to assess its creditworthiness. (A)</p> Signup and view all the answers

What should you avoid doing prior to an identification to maintain the reliability of eyewitness identification?

<p>Telling the witness that you caught the person who committed the crime. (D)</p> Signup and view all the answers

What should you avoid doing during an identification to maintain the reliability of eyewitness identification?

<p>Making remarks during the identification. (B)</p> Signup and view all the answers

What is the requirement for the composition of a lineup in terms of the appearance of the participants?

<p>All participants in a lineup must be similar in appearance. (A)</p> Signup and view all the answers

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