Visual Identification – Trial Stage Flashcards
In what circumstances is a Turnbull direction required?
A. When the defendant has confessed to the crime
B. When the case depends wholly or substantially on visual identification evidence that is disputed
C. When the defendant disputes the legality of the arrest
D. In every criminal trial
B. When the case depends wholly or substantially on visual identification evidence that is disputed
Explanation: The Turnbull direction is required when a case depends wholly or substantially on disputed visual ID evidence to warn the jury of the risk of mistaken ID.
What does the ‘A’ in ADVOKATE stand for (first A)?
A. Amount of time under observation
B. Accuracy of the suspect’s record
C. Admission of guilt
D. Assertion of presence
A. Amount of time under observation
Explanation: ADVOKATE is a mnemonic to assess ID quality. The first A refers to the amount of time the witness observed the suspect.
What is the primary reason for giving a Turnbull warning?
A. To explain the burden of proof
B. To help the jury understand the defendant’s background
C. To warn the jury that mistaken identification can occur even with confident witnesses
D. To instruct the jury on sentencing guidelines
C. To warn the jury that mistaken identification can occur even with confident witnesses
Explanation: The Turnbull warning is about fairness and caution due to the danger of mistaken but convincing identification.
Which of the following is considered a legitimate example of supporting evidence for an identification?
A. A friend’s opinion about the defendant
B. The defendant having no prior convictions
C. Scientific evidence linking the defendant to the scene
D. The defendant’s choice of legal representation
C. Scientific evidence linking the defendant to the scene
Explanation: Scientific evidence (e.g., fingerprints, DNA) can support weak ID evidence and allow it to be left to the jury.
A witness identifies D as the burglar during an ID parade. D denies being present at the burglary. There is no CCTV or forensic evidence. What should the judge consider?
A. The judge must give a Turnbull direction and assess if the evidence is too weak to go to the jury
B. The jury should decide without any warning
C. A retrial must be ordered immediately
D. The ID is conclusive, so no further evidence is needed
A. The judge must give a Turnbull direction and assess if the evidence is too weak to go to the jury
Explanation: Turnbull requires both caution to the jury and judicial assessment of the ID’s quality before the case proceeds.
D accepts being present at the scene but says he did not participate in the assault. The witness claims D was the attacker. Is a Turnbull direction needed?
A. Yes, always when D is identified
B. No, because the issue is not ID but participation
C. Yes, if the ID was more than a day after the event
D. No, unless the judge decides otherwise
B. No, because the issue is not ID but participation
Explanation: If D admits presence, then ID is not in issue. Turnbull is only necessary when the identification is disputed.
A witness picked out D in a video ID and also later identified him again at trial. The judge considers the original ID weak. What must be present for the trial to continue?
A. A good alibi
B. A co-defendant’s testimony
C. Supporting evidence of some value
D. Character evidence from D
C. Supporting evidence of some value
Explanation: If the original ID is weak, there must be supporting evidence (e.g., forensic or multiple strong IDs) to let it go to the jury.
During trial, a witness says “I think it’s the guy in the dock” for the first time. What kind of ID is this, and how should it be treated?
A. Street ID; it is usually conclusive
B. Witness box ID; always permitted
C. Routine ID; left to the jury to decide
D. Dock ID; generally discouraged and should only be allowed in rare cases
D. Dock ID; generally discouraged and should only be allowed in rare cases
Explanation: Dock IDs are usually unfairly prejudicial, as the defendant is the only possible option to pick.
A witness briefly saw the suspect for 2 seconds in low lighting at night and identified D weeks later. What should the judge do if there is no supporting evidence?
A. Withdraw the case from the jury
B. Leave it to the jury with no direction
C. Proceed as ID was made formally
D. Delay trial for further evidence
A. Withdraw the case from the jury
Explanation: Poor quality ID with no support must not be left to the jury. The judge must stop the case to prevent unsafe conviction.
A witness gave a description to police that was vague and inconsistent with D’s appearance. However, D remained silent during interview. What is the likely impact?
A. D’s silence proves guilt
B. The ID evidence is automatically reliable
C. The case must proceed regardless
D. The judge must consider whether an adverse inference from silence is appropriate, but still assess ID quality
D. The judge must consider whether an adverse inference from silence is appropriate, but still assess ID quality
Explanation: Silence can support ID if appropriate, but poor ID quality still requires assessment before going to the jury.
The trial judge gives a Turnbull direction but fails to point out discrepancies between the original description and D’s actual appearance. What legal risk does this create?
A. No risk if jury convicts
B. The case must be retried
C. The conviction may be unsafe due to an inadequate Turnbull direction
D. It only matters if defence objects
C. The conviction may be unsafe due to an inadequate Turnbull direction
Explanation: Turnbull requires judges to highlight specific weaknesses in the ID. Failure to do so may lead to a quashed conviction.
A witness positively identifies D, whom she says she recognises from “the local gym”. D denies ever attending that gym. What should the judge do?
A. Treat it as a dock ID
B. Exclude the evidence
C. Ignore the dispute
D. Allow the ID but give a Turnbull direction including doubts over recognition
D. Allow the ID but give a Turnbull direction including doubts over recognition
Explanation: Even recognitions can be mistaken. A Turnbull warning is required, especially if the recognition is contested.
