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True / False
1. Eyewitness identifications are extremely reliable.
a.
True
b.
False
2. Eyewitness identification is less reliable if the witness is of a different race than the suspect.
a.
True
b.
False
3. One reason misidentification happens is because we do not record everything we see in our brains.
a.
True
b.
False
4. The chance of misidentification is 1.56 times less likely where the witness and the suspect are members of a
different race.
a.
True
b.
False
5. The National Council of Judges recommends that lineups contain at least six persons.
a.
True
b.
False
6. Witnesses must be allowed to view the lineup as a group.
a.
True
b.
False
7. If there is more than one witness at a lineup, the witnesses should be allowed to confer before making their
identification.
a.
True
b.
False
8. According to the 2008 Columbia Law Review article “Judging Innocence”, two-thirds of the defendants
making false confessions were juveniles, mentally retarded, or both.
a.
True
b.
False
9. It is a violation of the privilege against self-incrimination for a suspect to be required to speak at a lineup
using the same words used by the perpetrator.
a.
True
b.
False
10. In crimes of rape and murder, offenders usually leave traces of tissue or bodily fluids.
a.
True
b.
False
11. The National Institute of Justice reports that over 75,000 individuals annually go to trial based on eyewitness
testimony.
a.
True
b.
False
12. Using a single photograph to obtain identification always violates due process.
a.
True
b.
False
13. For purposes of a legitimate lineup, witnesses should be separated and interviewed alone.
a.
True
b.
False
14. The sequential lineup does not differ importantly from the simultaneous lineup.
a.
True
b.
False
15. Voiceprints are voice graphs made on a spectrograph that analyzes voice recordings based on intensity,
frequency and time gaps.
a.
True
b.
False
16. Biometrics refers to the use of a biological reference system.
a.
True
b.
False
17. Many jurisdictions permit testimony about prior out of court identification.
a.
True
b.
False
18. A showup cannot be used in emergency situations, such as a dying victim.
a.
True
b.
False
19. Police should always attempt to find additional evidence to corroborate the identification made by an
eyewitness.
a.
True
b.
False
20. The leading cause of the wrongful convictions was erroneous identification by eyewitnesses.
a.
True
b.
False
Multiple Choice
21. According to a 2008 Nebraska Law Review article, more than _____ percent of eyewitness testimony is
mistaken identification.
a.
20
b.
30
c.
40
d.
50
22. In a(n) _____ administration of a line-up, neither the investigator administering the lineup nor the witnesses
know the suspect’s identity.
a.
voluntary
b.
custodial
c.
double blind
d.
multiple race
23. According to the 2008 Columbia Law Review article entitled “Judging Innocence”, the leading cause of
wrongful convictions was due to _____:
a.
Jury nullification
b.
Mistakes made by judges.
c.
Public defenders being unprepared.
d.
Erroneous identification by eyewitnesses.
24. The National Council of Judges recommends that a lineup include a total of at least _____ similar-appearing
persons.
a.
four
b.
five
c.
six
d.
seven
25. If a criminal prosecution has begun, the defendant has a constitutional right to _____ at a lineup.
a.
have an attorney present
b.
cross-examine the witnesses
c.
select the other participants
d.
have the lineup videotaped
26. If a witness is shown only a single photograph and identifies the person in the photo as the perpetrator, the
identification _____.
a.
may be suppressed because it is too suggestive
b.
will always be suppressed unless the defendant’s attorney was present
c.
will not be suppressed if the defendant waives the privilege against self-incrimination
d.
cannot be admitted
27. In April 2007, DNA evidence was used to clear the _____ innocent person mistakenly convicted of a crime.
a.
75th
b.
120th
c.
200th
d.
100th
28. With regard to eyewitness identification procedures, due process requirements of fairness require that _____.
a.
there be no suggestiveness in the procedure
b.
the defendant’s attorney be present
c.
the identification be reliable, even though it may have had some elements of suggestiveness
d.
lineups be used at trial to identify the perpetrator
29. Composite sketches developed by police are used for identification by _____.
a.
victims
b.
witnesses
c.
perpetrators
d.
both victims and witnesses
30. In U.S. v. Wade and Gilbert v. California, there were constitutional violations in the lineup because _____
a.
the lineups were unreasonably suggestive.
b.
police dropped hints as to who to identify.
c.
no attorney was present for the defendant.
d.
there were only three suspects in the lineups.
31. Which of the following identification procedures is generally the most suggestive?
a.
lineup
b.
photographic display
c.
victim looking through books of mug shots
d.
showup
32. The leading U.S. Supreme Court case on due process and eyewitness identification procedures is probably
_____
a.
Neil v. Biggers.
b.
U.S. v. Wade.
c.
People v. Kelly.
d.
Pennsylvania v. Proctor.
33. Spectrogram or voiceprint evidence comparing voices to determine a match _____
a.
has been approved by the U.S. Supreme Court.
b.
is admissible in all courts.
c.
is admissible if the defendant agrees.
d.
is not admissible in many courts.
34. With regard to lineups, most agencies and organizations recommend that _____
a.
there be a minimum of four individuals in the lineup.
b.
witnesses view the lineup and make identifications in isolation from other witnesses.
c.
a judge be present to insure the lineup is fair.
d.
witnesses be allowed to make a group decision as to the identification.
35. Requiring a person in a lineup to say the same words as the perpetrator _____
a.
is a violation of the privilege against self-incrimination.
b.
can only be done if the defendant’s attorney is present.
c.
is generally a lawful technique.
d.
can only be done if a judge is present to insure the lineup is fair.
36. Facts that show that a crime has actually taken place is referred to as the _____ of the case.
a.
corpus delicti
b.
burden of proof
c.
totality of the circumstances
d.
preponderance of the evidence
37. Lineups are used to minimize _____
a.
suggestiveness
b.
redundancy
c.
stress for the victim
d.
inefficiency
38. Properly run lineups increase the _____ of the identification evidence.
a.
truthfulness
b.
recall bias
c.
suggestiveness
d.
reliability
39. Experts agree that certain specific variables contribute greatly to eyewitness_____
a.
accountability
b.
satisfaction
c.
misidentification
d.
profiling
40. Archival studies indicate that misidentifications lead to the conviction of innocent persons about _____ of
the time.
a.
1/4
b.
1/3
c.
1/2
d.
3/4
Case 13.1
Officer Mendelson responds to a robbery call at a local music store. On arrival, the store owner and five
witnesses say a young man grabbed an arm full of classical records and just ran down the street. Mendelson
runs out of the store and sees a young man disappear around the corner. He catches up with him and tackles him
to the ground. Mendelson had seen classical records on the ground earlier, but did not see the young man
holding or dropping these records. There were no other people on the street at the time, except an older woman
with a cane. The police officer decides it is too much of a hassle to bring the young man down to the station for
a formal lineup and decides to bring him back to the store to see if anyone can recognize him. Sure enough, the
owner identifies him as the robber, as do the other five witnesses, one after another. Mendelson arrests the man
and he is promptly charged with robbery.
41. Officer Mendelson could use this procedure because:
a.
taking the young man to the police station was inconvenient.
b.
he lacked probable cause and the crime had just been committed near the location of the arrest.
c.
five or more witnesses were available.
d.
lineup arrays can lead to misidentification of suspects.
42. At trial, the young man’s attorney asserts that the showup was improper. On what basis might the attorney
succeed?
a.
The young man was not in possession of the classical records.
b.
Showups are always highly suggestive.
c.
Some witnesses might have identified him only because the first witnesses did.
d.
Mendelson did not ask the other witnesses to identify the robber before the showup took place.
43. At trial, the shop owner takes the stand and is asked whether the person sitting next to the defense attorney is
the same young man who robbed his music store.
a.
This question eliminates any possible constitutional violation of an improper showup by Mendelson.
b.
The question is unduly suggestive and renders the courtroom identification inadmissible.
c.
The prosecutor can also ask if the witness had identified the defendant as the robber before trial.
d.
The witness cannot be cross examined about this identification by the defense.
Case 13.2
A woman was pushed to the ground by a man, who then stole her purse. He fled the scene on foot. A police
officer responded to the crime, but was unable to locate the suspect based on the description by the victim. The
next day, the woman was called into the police station and selected a picture of Bob out of several photos
shown to her by the police officer. Bob was brought in and made to stand next to two other men of similar
height and build. The victim promptly identified Bob as the man who pushed her down and took her purse. Bob
was arrested for robbery.
44. Bob’s attorney is trying to get the identification by photograph suppressed at trial. Which argument would
help her the most?
a.
Photographic arrays are always unduly suggestive.
b.
Bob’s photo was only one of nine shown to the victim.
c.
A police sketch artist should have been used.
d.
The photographs used in the lineup were not preserved.
45. Bob’s attorney is also trying to get the identification at the lineup suppressed. What is her best argument?
a.
A lineup was not necessary and using this additional method unduly prejudiced the witness against
Bob.
b.
Bob was one of only three men in the lineup.
c.
An additional witness to the crime was never asked to identify Bob.
d.
Bob had declined to ask for an attorney at the time of the lineup.
Case 13.3
Officer Franklin is investigating theft of art from the local museum. Three people claim they were present when
a woman wearing a smock rushed into the museum and snatched the van Gogh off the wall before running out a
side exit. All three witnesses are at the police station and Officer Franklin has asked them to sit down with the
police department sketch artist to help with his investigation. Together, the witnesses provide the artist with all
the details they can recall, though there is some significant disagreement on some of the details. Officer
Franklin uses the sketch on a wanted poster and Priscilla is identified by her neighbor, Molly, as matching the
description. When she is brought in for questioning, Priscilla denies involvement in the crime and demands to
have her attorney present. Priscilla refuses to participate in any lineup. The missing painting is not recovered,
though a smock matching the description of the witnesses is recovered at her home.
46. Priscilla’s attorney is moving to have the sketch suppressed as evidence against her client. What is the best
approach to attack this evidence?
a.
Witnesses should be separated to get an independent description of the suspect.
b.
Wanted posters are notoriously inaccurate.
c.
Molly has a grudge against Priscilla.
d.
The van Gogh painting is still missing.
47. The prosecutor may:
a.
not introduce evidence that Priscilla refused to participate in the lineup.
b.
introduce the smock as evidence to corroborate eyewitness testimony.
c.
not use the sketch for purposes of corroborating in-court identification.
d.
not use the testimony of any witness involved in the artist sketch as this would be inadmissibly
redundant.
48. A(n) ___________ is an identification procedure in which only one subject is shown to witnesses or the
victim of a crime.
49. Many wrongful convictions based on faulty eyewitness testimony have been overturned because of the
increased use of ____________ evidence.
50. In due process eyewitness identification cases, courts will look at the totality of the ____________.
51. The leading U.S. Supreme Court case on due process and eyewitness testimony is Neil v. _____________.
52. Eyewitness identifications are less reliable when the witness is of a different _________ than the suspect.
53. At a lineup, a defendant may have a right to an attorney under the ____________ Amendment.
54. A defendant may be proved to be the perpetrator of the crime by direct or ______________ evidence.
55. In _____, the U.S. Supreme Court held that a showup held two days after a crime in a hospital was
permissible because the witness was in critical condition.
56. The right to an attorney at a ____________lineup was established by the Court in U.S. v. Wade.
57. The group of photographs shown to a witness is called the photographic ____________.
58. In Foster v. California, two lineups occurred with the suspect in both lineups. The courts held that this was a
denial of ____________.
59. Many businesses, apartment buildings, schools and public places have _________ cameras, which can be
used as sources of obtaining identification evidence.
60. ________should be used whenever practical and must be used in situations where show- ups would not be
authorized.
61. Lineups should be conducted in a manner that avoids impermissible ____________.
62. Single-photograph showings are suggestive; however, a prosecutor and the police could attempt to show by
testimony or other evidence that the identification is sufficiently______.
63. What are the possible causes of mistaken eyewitness identification? Discuss each.
64. Discuss, define, compare, and contrast lineups, showups, and photographic displays. In general, what are the
reliability benefits and suggestiveness drawbacks of each technique?
65. What are other ways, other than lineups, the police can make the identification of a person as the perpetrator
of a crime more reliable?
66. What are the rules for lineups as identification as defined by the National Council of Judges?
67. Discuss the Metropolitan Police Department of the District of Columbia (Washington, DC) issued
instructions in regard to the use of photographs and the photographic array:
68. The New Jersey Court established procedures to be followed at a pre-trial hearing to determine if eyewitness
identifications are admissible. List these procedures.
69. Define the AMBER alert system.
70. Define the various ways a defendant can be identified as the perpetrator of a crime in a criminal courtroom.
