Factors in In-Court Identifications Quiz
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Questions and Answers

Which of the following is a one-on-one confrontation between a witness and a suspect, usually in the field?

  • Police art
  • Composite sketch
  • Lineup
  • Showup (correct)

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

  • The investigator must use blind administration (correct)
  • The perpetrator must be among the persons in the identification procedure
  • The investigator must provide a description of the perpetrator
  • The eyewitness should feel compelled to make an identification

What is the purpose of a lineup?

  • To create composite sketches
  • To conduct a one-on-one confrontation
  • To pick the perpetrator of the crime (correct)
  • To provide a description of the perpetrator

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 should be visible to the eyewitness regarding the person suspected as the perpetrator?

<p>The person's appearance at the time of the offense (A)</p> Signup and view all the answers

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

<p>One (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 immediately inquire about the eyewitness' confidence level (A)</p> Signup and view all the answers

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

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

What did the federal court hold regarding the right to an attorney at a physical lineup?

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

In the example provided, why did Cook claim that it was improper to conduct a physical lineup?

<p>Because the lineup was conducted before the commencement of criminal judicial proceedings (A)</p> Signup and view all the answers

Which factor is NOT considered when assessing the reliability of an initial identification?

<p>The time between the crime and viewing the photograph (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 (D)</p> Signup and view all the answers

When can a photograph be modified to help confirm an identification?

<p>After the witness has made a tentative selection (C)</p> Signup and view all the answers

What must a prosecutor show in order for an in-court identification to be allowed even if the lineup or showup was unduly suggestive?

<p>The in-court identification has an 'independent origin' (B)</p> Signup and view all the answers

What factors are considered in deciding whether an in-court identification has an 'independent origin'?

<p>Additional identifications/non-identifications made by the witness (D)</p> Signup and view all the answers

What should an officer do when documenting a witness' description in a report?

<p>Ask the witness to visualize the suspect's facial features (C)</p> Signup and view all the answers

What is the general rule for an officer who detains a suspect pending a showup?

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

What are the three exceptions to the general rule of 'bring the witness to the suspect' when arranging a showup?

<p>Probable cause to arrest, consent, and impracticability (D)</p> Signup and view all the answers

Which type of photo array was deemed impermissibly suggestive because the defendant's name and identification number made his photograph 'stand out'?

<p>Six-pack photo array (A)</p> Signup and view all the answers

What should you not do during a lineup to avoid drawing the witness' attention to the suspect?

<p>Speak to the witness (C)</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 (B)</p> Signup and view all the answers

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?

<p>True (A)</p> Signup and view all the answers

What circumstances do the courts consider when deciding if a showup was too suggestive?

<p>The witness' degree of attention at the time of the crime (D)</p> Signup and view all the answers

Which of the following is true about the Supreme Court's ruling in Perry (2012) 565 U.S. 228?

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

What should you avoid telling a witness before an identification to maintain reliability?

<p>That the person to be observed is a 'suspect'. (A)</p> Signup and view all the answers

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

<p>Drawing the witness' attention to the suspect because of the composition or makeup of a lineup. (A)</p> Signup and view all the answers

Which of the following is true about live lineups?

<p>There is no requirement for a defendant in a lineup to be surrounded by people nearly identical in appearance. (C)</p> Signup and view all the answers

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