CHP 9 Flashcards

1
Q

In melendez diaz v mass 2009 SCOTUS decided that the sixth amendment guarantees defendants what right

A

the right to cross examine forensic lab techs

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2
Q

what is the term for an identification procedure in which a witness happens to see the defendant in custody say outside the courtroom or in the police station

A

an accidental show up

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3
Q

in district attorney’s office for the third judicial district v osborne 2009 SCOTUS involved prisoner osbornes post conviction request to compel officials to release biological evidence so it could be submitted to DNA testing. what was the finding in the court

A

there is no right under the U.S constitution of access to forensic evidence

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4
Q

what SCOTUS case introduced due process rights into determining the admissibility of evidence derived from a pretrial show up before indictment

A

Stovall v Denno

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5
Q

in U.S v. Wade 1967 law enforcement was found to have violated the defendants sixth amendments rights in what respect

A

the defendant was placed in a lineup after being indicted without counsel present

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6
Q

in perry v. new hampshire 2012 SCOTUS ruled that

A

the due process clause does not require a hearing into the reliability of eyewitness identification procedures that were not arranged by the police

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7
Q

researchers have demonstrated that being of another race when identifying strangers

A

substantially increases the risk of mistaken identification

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8
Q

what occurs when eyewitnesses are shown persons or objects and asked whether they are involved in a crime

A

recognition

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9
Q

over time memory

A

fades but witnesses develop greater confidence about their recall ability

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10
Q

what term refers to the perception of an event when information is first entered into a person’s memory

A

acquisition

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11
Q

the participants in most police lineups consist mainly of

A

inmates from the local jailw

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12
Q

which of the following is not one of the recommendations for improving police lineups

A

present the suspect and the fillers simultaneously

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13
Q

research shows that jurors

A

tend to overestimate the accuracy of a witnesses lineup identification

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14
Q

suggestive line ups

A

do not lead to automatic exclusion of the resulting identification

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15
Q

researchers recommend that officials

A

present members of a lineup to the witness one at a time

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16
Q

what type of lineup reduces the power of suggestion and increases the possibility that the witness will pick the person who most resembles the perpetrator

A

sequential

17
Q

what type of judgement occurs when a witness selects the person in a lineup who looks most like the culprit, beleiving the offender has to be in the lineup

A

suggestible

18
Q

identification of a single suspect by a witness is called

A

a show up

19
Q

scientists agree that DNA technology can

A

distinguish between any two individuals other than identical twins

20
Q

to exclude identification evidence on due process grounds, defendants have to prove (by a preponderance of the evidence) that the totality of the circumstances shows the identification procedure to have been unnecessarily suggestive and that this unnecessarily suggestive procedure created

A

a very substanital likelihood of misidentification

21
Q

the case of manson v. braithwaite 1977 addressed issues related to what type of eyewitness identification

A

show ups

22
Q

which of the following is not one of the five factors in the totality of circumstances that should weigh heavily in determining whether the lineup or show up procedure created a likelihood of misidentiifcation

A

witness age at time of crime

23
Q

in manson v. braithwaite 1977 SCOTUS endorsed which method for determining the admissibility of witness idnentification

A

the totality of the circumstances approach

24
Q

research indicates that 50 percent of defendants exonerated by DNA have cases involving mistaken eyewitness identification

A

false

25
Q

suggestion is particularly powerful during retention phase of memory

A

true