27 Questions
Which of the following is a one-on-one confrontation between a witness and a suspect, usually in the field?
Showup
What is the minimum requirement for conducting identification procedures according to Penal Code Section 859.7?
The investigator must use blind administration
What is the purpose of a lineup?
To pick the perpetrator of the crime
What should an identification procedure be composed of?
Fillers that fit the eyewitness' description of the perpetrator
In a photo lineup, what should be visible to the eyewitness regarding the person suspected as the perpetrator?
The person's appearance at the time of the offense
How many suspected perpetrators should be included in any identification procedure?
One
What should be done if the eyewitness identifies a person as the perpetrator?
The investigator should immediately inquire about the eyewitness' confidence level
When does a suspect have the right to an attorney at a physical lineup?
After the commencement of criminal judicial proceedings
What did the federal court hold regarding the right to an attorney at a physical lineup?
The right includes the right to have counsel view what the witnesses say and do in the observation room during the lineup
In the example provided, why did Cook claim that it was improper to conduct a physical lineup?
Because the lineup was conducted before the commencement of criminal judicial proceedings
Which factor is NOT considered when assessing the reliability of an initial identification?
The time between the crime and viewing the photograph
What did the California Supreme Court call the use of a single photo shown to an eyewitness?
A single-photograph showup
When can a photograph be modified to help confirm an identification?
After the witness has made a tentative selection
What must a prosecutor show in order for an in-court identification to be allowed even if the lineup or showup was unduly suggestive?
The in-court identification has an 'independent origin'
What factors are considered in deciding whether an in-court identification has an 'independent origin'?
Additional identifications/non-identifications made by the witness
What should an officer do when documenting a witness' description in a report?
Ask the witness to visualize the suspect's facial features
What is the general rule for an officer who detains a suspect pending a showup?
Bring the witness to the suspect
What are the three exceptions to the general rule of 'bring the witness to the suspect' when arranging a showup?
Probable cause to arrest, consent, and impracticability
Which type of photo array was deemed impermissibly suggestive because the defendant's name and identification number made his photograph 'stand out'?
Six-pack photo array
What should you not do during a lineup to avoid drawing the witness' attention to the suspect?
Speak to the witness
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
Courts have rejected the argument that it is per se suggestive to have a live lineup following a photographic lineup, even if the defendant is the only person who is included in both lineups. True or False?
True
What circumstances do the courts consider when deciding if a showup was too suggestive?
The witness' degree of attention at the time of the crime
Which of the following is true about the Supreme Court's ruling in Perry (2012) 565 U.S. 228?
The Court held that 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.
What should you avoid telling a witness before an identification to maintain reliability?
That the person to be observed is a 'suspect'.
What should you avoid doing during an identification to maintain reliability?
Drawing the witness' attention to the suspect because of the composition or makeup of a lineup.
Which of the following is true about live lineups?
There is no requirement for a defendant in a lineup to be surrounded by people nearly identical in appearance.
Understanding Factors in In-Court Identifications Quiz: Test your knowledge on the factors considered by courts when determining the independent origin of in-court identifications. Learn about showups, additional identifications, and non-identifications made by witnesses. Enhance your understanding and assist prosecutors with accurate details.
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