Chapter 09: Eyewitness and Scientific Identifications

Test Bank

MULTIPLE CHOICE

1. When attempting to determine the identity of the criminal, police may present a single suspect
to a victim or witness. This type of identification procedure is known as a/an _____.
A) lineup
B) showup
C) confrontational identification
D) identification scheme
ANS: B PTS: 1 OBJ: 9.1

2. Scientific identification techniques are useful for eliminating innocent suspects, also known as
_____,
A) castigation
B) exoneration
C) incrimination
D) indemnification
ANS: B PTS: 1 OBJ: 9.1

3. Due process stems from the _____ and Fourteenth Amendments.

A) Second
B) Fourth
C) Fifth
D) Sixth
ANS: C PTS: 1 OBJ: 9.2

4. Which of the following is the primary cause of false convictions?

A) Blood-type tests from 1982 and earlier
B) Eyewitness misidentification
C) Jury racial bias
D) Faulty DNA tests
ANS: B PTS: 1 OBJ: 9.2

5. Of the factors of misidentification identified by psychologists, the fact that victim perception is
limited due to the relative speed of a crime falls into which category?
A) Crime factors
B) Offender factors
C) Offense factors
D) Victim factors
ANS: A PTS: 1 OBJ: 9.2

6. Of the factors of misidentification identified by psychologists, the fact that a victim may be too
nervous to focus sufficiently on an offender to accurately remember the offender’s
distinguishing characteristics falls into which category?
 A) Crime factors
B) Offender factors
C) Offense factors
D) Victim factors
ANS: D PTS: 1 OBJ: 9.2

7. Of the factors of misidentification identified by psychologists, the fact that many people are
unable to accurately identify distinguishing characteristics of someone of a different race falls
into which category?
A) Crime factors
B) Offender factors
C) Offense factors
D) Victim factors
ANS: B PTS: 1 OBJ: 9.2

8. The act of a victim comparing one person to another in a lineup then pointing to the one person
in the lineup who most closely resembles the offender, whether the person actually is the
offender is not, is known as which type of threat to accuracy identification?
A) Closure
B) Selection
C) Shoehorning
D) Suggestiveness
ANS: B PTS: 1 OBJ: 9.2

9. The act of a victim becoming tired and identifying a person as the offender in order to move on
with life, whether that person actually is the offender is not, is known as which type of threat to
accuracy identification?
A) Closure
B) Selection
C) Shoehorning
D) Suggestiveness
ANS: A PTS: 1 OBJ: 9.2

10. Which of the following is not one of the three goals established by the suggested identification
process by the U.S. Justice Department and the American Bar Association?
A) Eliminate the possibility of police unintentionally influencing the eyewitness
B) Limit the pressure on the victim to select one of the people in a lineup as the offender
C) Increase the accuracy of eyewitness identifications
D) Minimize the possibility of one eyewitness influencing another eyewitness
ANS: D PTS: 1 OBJ: 9.2

11. The method of eyewitness identification in which neither the administrator nor the eyewitness is
aware of the identity of the suspect is known as a/an _____
A) blind administration
B) double-blind administration
C) controlled administration
D) experimental administration
 ANS: B PTS: 1 OBJ: 9.2

12. Which of the following methods of eyewitness identification is thought to produce the most
accurate identification?
A) Lineups with each person speaking a phrase
B) Lineups without each person speaking a line
C) Photographic lineups
D) Sequential showups
ANS: D PTS: 1 OBJ: 9.2

13. A suspect has a right to a lawyer during _____.

A) all postindictment lineups and confrontations
B) all postindictment lineups, but not confrontations
C) all postindictment confrontations but not lineups
D) any postindictment lineup or confrontation at which the victim is present
ANS: A PTS: 1 OBJ: 9.4

14. If the right to counsel is denied during a lineup, under which circumstances will an in-court
eyewitness identification be allowed?
A) Only if the state is able to prove beyond a reasonable doubt that the in-court
identification is not the product of the earlier identification
B) Only if the state is able to provide clear and convincing evidence that the in-court
identification is not the product of the earlier identification
C) Only if the state is able to reasonably prove that the in-court identification is not the
product of the earlier identification
D) Never
ANS: B PTS: 1 OBJ: 9.4

15. At which point in the criminal process does the right to counsel during a lineup attach?
A) At any stage in the criminal process
B) Once police have focused on one suspect
C) Once charges have been filed
D) At any stage, so long as the victim is present at the lineup
ANS: C PTS: 1 OBJ: 9.4

16. The U.S. Supreme Court has held that the right to counsel applies to which of the following?
A) A preindictment corporeal identification lineup
B) A postindictment corporeal identification lineup
C) A preindictment noncorporeal identification lineup
D) A postindictment noncorporeal identification lineup
ANS: B PTS: 1 OBJ: 9.4

17. The due process test applies to _____.

A) all lineups, both corporeal and noncorporeal, pre- and postindictment
B) all corporeal lineups both pre- and postindictment
C) all postindictment lineups both corporeal and noncorporeal
D) all noncorporeal lineups both pre- and postindictment
 ANS: A PTS: 1 OBJ: 9.6

18. By what level of proof must the defense show that a photographic identification was
suggestive?
A) Beyond a reasonable doubt
B) By a preponderance of the evidence
C) Probable cause
D) Reasonable suspicion
ANS: B PTS: 1 OBJ: 9.6

19. Which of the following is not one of the factors used by a judge to determine the reliability of a
photographic identification?
A) The opportunity of the identifier to view the offender during the crime itself
B) The accuracy of the description of the suspect after the crime occurred
C) How certain the identifier is of his/her identification
D) All of the above are factors used.
ANS: D PTS: 1 OBJ: 9.7

20. The Frye test is used to determine _____.

A) how well a scientific technique meshes with the defendant’s rights
B) whether a scientific technique has been carried out by a sufficiently trained
individual
C) whether a scientific technique is explained clearly enough to a jury
D) whether a scientific technique is sufficiently established and accepted
ANS: D PTS: 1 OBJ: 9.8

21. The test of scientific technique in which judges are asked to study the research and expert views
to reach their own conclusions as to whether a technique will be applicable and helpful is known
as the _____ test.
A) Daubert
B) Frye
C) Mahone
D) Merrell
ANS: A PTS: 1 OBJ: 9.8

22. What is the name of the method named after a Paris police officer, which worked to identify
criminals by precise physical measurements and identification of unusual physical
characteristics?
A) Bertillon method
B) Chiral method
C) Marsouin method
D) Peele method
ANS: A PTS: 1 OBJ: 9.8

23. DNA is unique to all individuals except _____.

A) siblings of the same sex
B) mothers and daughters
 C) doppelgangers
D) identical twins
ANS: D PTS: 1 OBJ: 9.9

24. DNA was first used in criminal cases in which decade?

A) 1940s
B) 1960s
C) 1980s
D) 1990s
ANS: C PTS: 1 OBJ: 9.9

25. The results from a polygraph tests are admissible in _____.

A) nearly every state
B) about half of the states
C) one state
D) none of the states
ANS: C PTS: 1 OBJ: 9.8

26. The U.S. Supreme Court has held that an attorney need not be present during a photographic
lineup in which of the following situations?
A) When it’s conducted before the indictment
B) When it’s conducted after the indictment
C) When it’s conducted before or after the indictment
D) When the suspect has previous convictions on his record
ANS: C PTS: 1 OBJ: 9.5

27. If the defense is able to sufficiently show that a photographic identification was suggestive,
what happens next?
A) The burden shifts to the prosecution to demonstrate the reliability of the result.
B) The defense has the burden to prove unreliability beyond a reasonable doubt.
C) The prosecution must demonstrate an indicia of reliability in the result.
D) The defense must disprove the assumption of correctness.
ANS: A PTS: 1 OBJ: 9.5

28. Which of the following is the more lenient or inclusive test for scientific evidence?
A) Frye
B) Daubert
C) Einstein
D) Forensic
ANS: B PTS: 1 OBJ: 9.8

29. Which of the following is not a form of eyewitness identification?

A) Lineups
B) Photographic identification
C) Drive-bys
D) Showups
 ANS: C PTS: 1 OBJ: 9.1

30. In which of the following circumstances will polygraph results be admitted into evidence at trial
in federal district courts?
A) Only when they have been proven to be reasonably reliable
B) Upon recommendation by a specialist
C) Anytime it is necessary to establish guilt
D) Only under special and limited circumstances
ANS: D PTS: 1 OBJ: 9.7

TRUE/FALSE

31. One term for the nonsuspects in a lineup is “foils.”

ANS: T PTS: 1 OBJ: 9.8

32. Of the three stages of eyewitness identification, remembering what happened is also known as
perception.

ANS: F PTS: 1 OBJ: 9.1

33. The right to counsel during the criminal process stems from the Fourth Amendment.

ANS: F PTS: 1 OBJ: 9.5

34. An eyewitness identification method in which neither the administrator nor the eyewitness
knows who the suspect is known as a blind administration.

ANS: F PTS: 1 OBJ: 9.2

35. In order to educate jurors on the pitfalls of eyewitness identification, the courts have ruled to
allow the defense to call expert witnesses to explain these concerns during a trial.

ANS: T PTS: 1 OBJ: 9.2

36. A suspect is to be granted the right to counsel at any “critical stage” of the criminal process.

ANS: T PTS: 1 OBJ: 9.5

37. One common practice the court condemned in United States v. Wade was that of shining a
slightly brighter light on the suspect than the other individuals in a lineup as a means of
influencing the process.

ANS: F PTS: 1 OBJ: 9.3

38. Due to the inherently intimidating nature of a lineup, prosecutors must provide extra proof at
trial that a defendant waived his/her right to counsel at this stage in the process.

ANS: F PTS: 1 OBJ: 9.4

 39. The U.S. Supreme Court has held that a showup following arrest but before the initiation of
adversarial criminal proceedings is a critical stage of criminal prosecution, and thus the right to
counsel applies.

ANS: F PTS: 1 OBJ: 9.4

40. The U.S. Supreme Court has held that the right to counsel does not apply to lineups conducted
during the investigative stage (preindictment) due to the inherent inefficiency of an attorney’s
presence.

ANS: T PTS: 1 OBJ: 9.5

COMPLETION

41. Lineups of photographs of a possible suspect among many other photos are known as _____.

ANS: photographic identifications

PTS: 1 OBJ: 9.1

42. According to the National Institute of Justice, there should be a minimum of ____ fillers (or
distractors) in a photographic lineup.

ANS:
five
5

PTS: 1 OBJ: 9.2

43. The U.S. Supreme Court has held that the right to counsel should apply at any _____ of the
prosecution.

ANS: critical stage

PTS: 1 OBJ: 9.4

44. The test of scientific techniques in which the judge is to make the determination him/herself is
known as the _____.

ANS: Daubert test

PTS: 1 OBJ: 9.8

45. “Lie detector” tests are know by the technical name _____.

ANS: polygraphs

PTS: 1 OBJ: 9.8

ESSAY
46. Identify at least three steps that can be taken to minimize the possibility of bias in a
photographic lineup. Explain how these steps can help reduce bias/misidentification.

ANS:
Student may identify steps listed in the book or come up with her/his own steps. As long as the
suggestions are sound and thoughtful, full points should be given.

PTS: 1 OBJ: 9.7

47. The U.S. Supreme Court has applied different rules for lineups before and after indictment and
for photographic lineups. What are these rules? What are some of the legal arguments against
some of these holdings, especially those where the right to counsel does not attach. Do you
believe these criticisms to be valid? Why or why not?

ANS:
Supreme Court recognized in Wade and Gilbert that a lineup or showup is a critical stage
because individuals who are unrepresented are at risk of being falsely identified. A defense
attorney who observes a suggestive lineup is in a position to cross-examine the police who
conducted the lineup or showup in order to call the identification into question in the minds of
the jury.

PTS: 1 OBJ: 9.5

48. Explain and compare the two tests of scientific techniques as established in Frye and Daubert.
How could states using one test find differently than a state using the other? Do you feel either
of these tests are good policy? Use examples (real or hypothetical) and explain why or why not.

ANS:
The Daubert test is followed by judges in federal courts and takes a broader view than Frye.
Daubert asks a judge to study the research and views of experts and to reach his or her own
conclusion as to whether a scientific technique is reliable and will assist the “trier of fact to
understand the evidence or to determine a fact in issue.” Today, roughly 23 states accept the
Frye standard and 21 accept Daubert.

PTS: 1 OBJ: 9.8

49. Explain why the identification of a perpetrator involves such a high degree of error. How can
we protect against this? Is the solution to do away with eyewitness identification?

ANS:
Student should mention crime factors, victim factors, and offender factors that may be
responsible for identification error.

PTS: 1 OBJ: 9.1

50. List the three main provisions established by the Wade-Gilbert rule.

ANS:
Right to a lawyer/lineup results at trial/in-court identification
 PTS: 1 OBJ: 9.3

51. Why are suspects not entitled to legal representation at the showup following their arrest?

ANS:
Efficiency/prosecution

PTS: 1 OBJ: 9.4

52. Reliability is the central question in determining whether identification violates due process.
Explain the six factors that are taken into consideration when making this determination.

ANS:
Perception, concentration, accuracy, certainty, time, other evidence

PTS: 1 OBJ: 9.6

53. Some state courts have taken broad steps to ensure the reliability of eyewitness identification,
yet the Supreme Court held that courts are not required to screen such evidence for reliability
absent suggestive identification procedures created by the police. Why do you think there is a
disconnect, and should we do more to ensure accurate suspect identification?

ANS:
This question is largely based on the student’s informed opinion on the matter and, as such, any
well-reasoned answer is acceptable.

PTS: 1 OBJ: 9.7

54. DNA evidence is not always a magic bullet. Identify and explain the various factors that may
decrease the reliability of DNA evidence.

ANS:
This question is largely based on the student’s informed opinion on the matter and, as such, any
well-reasoned answer is acceptable.

PTS: 1 OBJ: 9.9

55. Why should polygraph evidence be admissible or inadmissible at trial?

ANS:
Polygraph is not viewed as generally accepted by the scientific community, and it has not been
established as reliable by the federal courts.

PTS: 1 OBJ: 9.9