Determining Independent Origin of In-Court Identifications Quiz

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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?

After the commencement of criminal judicial proceedings Signup and view all the answers

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

The return of a grand jury indictment or the filing of a criminal complaint Signup and view all the answers

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

The right to have counsel view the lineup and what the witnesses say and do in the observation room Signup and view all the answers

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

The witness' identification/non-identification history Signup and view all the answers

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

To provide evidence for cross-examination Signup and view all the answers

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

Bring the witness to the suspect Signup and view all the answers

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

If there is probable cause to arrest the suspect Signup and view all the answers

What should an identification procedure be composed of?

Fillers that fit the eyewitness' description of the perpetrator Signup and view all the answers

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

Writings or information about any previous arrest of the person suspected as the perpetrator Signup and view all the answers

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

Only one Signup and view all the answers

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

Including the defendant's name and identification number on one photo only Signup and view all the answers

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

The investigator should inquire about the eyewitness' confidence level and record it in writing Signup and view all the answers

What should you not do during a lineup?

Say or do anything during the identification Signup and view all the answers

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

Compare notes about the description of the perpetrator(s) Signup and view all the answers

What is the general rule regarding showups?

They are automatically suggestive Signup and view all the answers

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

The accuracy of any prior description of the suspect Signup and view all the answers

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

A single-photograph showup Signup and view all the answers

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

Only when absolutely necessary 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?

That the suggestive identification did not affect the accuracy of the identification at trial Signup and view all the answers

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

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. Signup and view all the answers

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

Telling the witness that you caught the person who committed the crime. Signup and view all the answers

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

Making remarks during the identification. Signup and view all the answers

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

All participants in a lineup must be similar in appearance. Signup and view all the answers