CHP 9 Flashcards
In melendez diaz v mass 2009 SCOTUS decided that the sixth amendment guarantees defendants what right
the right to cross examine forensic lab techs
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
an accidental show up
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
there is no right under the U.S constitution of access to forensic evidence
what SCOTUS case introduced due process rights into determining the admissibility of evidence derived from a pretrial show up before indictment
Stovall v Denno
in U.S v. Wade 1967 law enforcement was found to have violated the defendants sixth amendments rights in what respect
the defendant was placed in a lineup after being indicted without counsel present
in perry v. new hampshire 2012 SCOTUS ruled that
the due process clause does not require a hearing into the reliability of eyewitness identification procedures that were not arranged by the police
researchers have demonstrated that being of another race when identifying strangers
substantially increases the risk of mistaken identification
what occurs when eyewitnesses are shown persons or objects and asked whether they are involved in a crime
recognition
over time memory
fades but witnesses develop greater confidence about their recall ability
what term refers to the perception of an event when information is first entered into a person’s memory
acquisition
the participants in most police lineups consist mainly of
inmates from the local jailw
which of the following is not one of the recommendations for improving police lineups
present the suspect and the fillers simultaneously
research shows that jurors
tend to overestimate the accuracy of a witnesses lineup identification
suggestive line ups
do not lead to automatic exclusion of the resulting identification
researchers recommend that officials
present members of a lineup to the witness one at a time
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
sequential
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
suggestible
identification of a single suspect by a witness is called
a show up
scientists agree that DNA technology can
distinguish between any two individuals other than identical twins
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 very substanital likelihood of misidentification
the case of manson v. braithwaite 1977 addressed issues related to what type of eyewitness identification
show ups
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
witness age at time of crime
in manson v. braithwaite 1977 SCOTUS endorsed which method for determining the admissibility of witness idnentification
the totality of the circumstances approach
research indicates that 50 percent of defendants exonerated by DNA have cases involving mistaken eyewitness identification
false