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Eyewitness Identification MCQ

Is wade-Gilbert rule the suspect has a constitutional right to a lawyer at all?

False

True

Answer

Correct Answer: True

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_____ is known as identifications that influence the result by highlighting one of the participants.

Bad logic prejudice

All of these

Slight prejudice

suggestive procedures

Answer

Correct Answer: suggestive procedures

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_____ is defined as a victim or eyewitness confronts all the participants in the lineup at the same time.

simultaneous lineup

Religious practices

None of these

Knowledge of hurricanes in a hurricane plagued area

Answer

Correct Answer: simultaneous lineup

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_____ is a victim or eyewitness is confronted with a single suspect.

showup

The right to remain silent

None of these

The right to select the forum

Answer

Correct Answer: showup

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Is sequential presentation presentation of individuals in a lineup one after another?

True

False

Answer

Correct Answer: True

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_____ is known as witness identification of the perpetrator of a crime through the use of photographs.

Automatic reversal

photographic displays

Harmless error

All of these

Answer

Correct Answer: photographic displays

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_____ is defined as identification of the perpetrator of a crime, who is not present, by viewing photographs.

Yes, but only because she refused to consent

Yes

non-corporeal identification

None of these

Answer

Correct Answer: non-corporeal identification

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_____ is a witness identifies the perpetrator of a criminal act in court.

None of these

Incriminating statements

Contraband

in-court identification

Answer

Correct Answer: in-court identification

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Is foils individuals in a lineup who are not suspects?

True

False

Answer

Correct Answer: True

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_____ is known as individuals in a lineup who are not suspects.

Yes. A jury must be composed of the defendant’s peers.

No, a jury must only reflect a fair cross section of the community

All of these

fillers

Answer

Correct Answer: fillers

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_____ is defined as identification of a suspect by a victim or witness.

eyewitness identification

None of these

Character of local neighborhoods

Names and locations of local highways

Answer

Correct Answer: eyewitness identification

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_____ is individuals in a lineup who are not suspects.

No, unless he can also be qualified as an expert in securities

distractors

Yes

All of these

Answer

Correct Answer: distractors

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Is critical stages of a criminal proceeding procedures between arraignment and trial at which a failure to provide the defendant a lawyer may prevent the defendant from obtaining a fair trial?

False

True

Answer

Correct Answer: True

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_____ is known as identification of an individual who is physically present.

All of these

corporeal identification

Hot pursuit

search incident to an arrest

Answer

Correct Answer: corporeal identification

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_____ is defined as physical presentation of a suspect to a witness or victim.

Photo array

All of these

trial de novo

confrontation

Answer

Correct Answer: confrontation

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_____ is the standard that the prosecution must satisfy to demonstrate that a suspect waived his or her Miranda rights in an informed and free fashion.

All of these

By comparing the note to the defendant’s handwriting exemplar

By the mother of the defendant who was familiar with the handwriting at issues

voluntary, knowing, and intelligent waiver

Answer

Correct Answer: voluntary, knowing, and intelligent waiver

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Eyewitness identification is the best and most reliable evidence one can have of a crime.

True

False

Answer

Correct Answer: False

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Which is not an area that courts typically evaluate when examining the suggestiveness of photo identifications?

Whether the display of photographs singled out a particular individual

Whether the words, gestures, or actions of the police pointed to a particular photograph

Whether a particular photograph was sufficiently different in size, color, and the suspects appearing to influence the selection of the eyewitness

Whether the eyewitness has any explicit or implicit bias that may taint the identification process

Answer

Correct Answer: Whether the eyewitness has any explicit or implicit bias that may taint the identification process

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Julie called the police with knowledge an intruder was in her home. She saw him as he walked up the stairs to the second floor of her home. The police arrived and found Rhett trying to escape out the rear door. Rhett was apprehended and immediately presented to Julie for identification. This single person showup is not likely to be reliable under these circumstances.

True

False

Answer

Correct Answer: False

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Xander went to the police station to identify his assailant in a lineup. Six men were present, one of whom he thought might have been the right guy, but he wasn’t positive. Five men were black, and one was Hispani Xander believed his attacker was Hispani Xander came back for a second line up, and the same Hispanic man was present. This man was the only person who appeared in both the first and second lineup. The identification in this case is likely impermissibly suggestive.

True

False

Answer

Correct Answer: True

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Rhonda was the victim of a brutal attack as she was walking home from the train one night. The attack left her in the hospital fighting for her life. The police identified a man they believed may have been the perpetrator and brought him handcuffed to Rhonda’s hospital room so she could identify him. Under the totality of the circumstances test, a court may determine that this identification satisfied due process requirements.

True

False

Answer

Correct Answer: True

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Which of the following is not a factor a judge will examine when determining the reliability of an identification?

The certainty in the identification of the defendant

The length of time that elapsed between the crime and the identification

The opportunity to view the offender at the time of the crime

The criminal record possessed by the suspect

Answer

Correct Answer: The criminal record possessed by the suspect

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In deciding whether to admit identification, the defendant must establish beyond reasonable doubt that the identification was impermissibly suggestive.

True

False

Answer

Correct Answer: False

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Due process only applies to lineups, showups, and photographic displays postindictment.

True

False

Answer

Correct Answer: False

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Typically, a lawyer is not required at photo arrays.

True

False

Answer

Correct Answer: True

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Jason has been indicted on charges of aggravated battery. The police intend to collect fingerprints, hair, and blood samples from Jason. He has requested an attorney be present for this process. Because he is in a postindictment proceeding, Jason has a constitutional right to have an attorney present for the procedures.

True

False

Answer

Correct Answer: False

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Which is not a justification for the right to a lawyer attaching following the initiation of criminal proceedings?

During the investigative stage, police should not be required to slow their investigation.

Police should not have to delay lineups and showups until the defendant hires a lawyer.

Once the government has decided to prosecute the accused, he or she is in need of protection, advice, and assistance.

Criminally accused individuals are often helpless with little to no education and a lawyer must be present to help them understand the present situation.

Answer

Correct Answer: Criminally accused individuals are often helpless with little to no education and a lawyer must be present to help them understand the present situation.

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Most agree that the attorney who is present for a lineup should not object to or correct police procedures because he will have the opportunity to question the accuracy of the lineup on cross-examination at trial.

True

False

Answer

Correct Answer: True

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Which is not a suggestive lineup procedure?

The police ask the individuals to turn to the left and right so the victim can see them from all angles.

The victim knows everyone in the lineup other than the suspect.

The police point out the suspect to the victim prior to the lineup.

The individuals in the lineup are asked to try on an item of clothing that fits only the suspect.

Answer

Correct Answer: The police ask the individuals to turn to the left and right so the victim can see them from all angles.

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Carlton is a suspect in a murder investigation. He is brought to the station to participate in a lineup. He requests an attorney. Does he have a constitutional right to an attorney?

No, even if he has already been indicte

No, there is never a right to an attorney at a lineup.

Yes, but only if he has been indicte

Yes, an individual always has a constitutional right to have an attorney present in any situation.

Answer

Correct Answer: Yes, but only if he has been indicte

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A confrontation is staged by the police between an eyewitness or victim and a single suspect for the purpose of identification. This is an example of which of the following:

Lineup

Showup

Photographic identification

Photo array

Answer

Correct Answer: Showup

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