What is a double blind photo array?
The presentation of an array of photos to a crime victim for the purposes of identifying the perpetrator, by an officer neither involved in the investigation nor aware of who the suspect is.
What is a photo array?
A photo lineup, also known as a photo array and or photo display, is a procedure used by law enforcement personnel to discover or confirm the identity of a criminal suspect. That is, a photo lineup should not be conducted in such a way as to highlight the suspect and elicit an identification of the suspect.
What is the difference between a lineup and a show up?
A showup, like a lineup, is a form of eyewitness identification. At a showup, a witness or victim is normally confronted with only one person rather than a group of people. And whereas lineups almost always take place in police stations, showups may occur in a station or in the field, even at the crime scene.
What is a show up identification?
A show-up is an identification procedure in which the police present a. single suspect to an eyewitness and then ask the eyewitness whether the. suspect is the perpetrator.33 Typically, show-ups are conducted in the area.
What is a suggestive lineup?
Suggestive lineup. A flawed lineup that almost ensures that the victim or witness will identify the suspect. For example, if the suspect is male and the other lineup participants are female, this would be a suggestive lineup. In-court showup. A procedure in which a witness identifies the perpetrator in court.
Who is most likely to make an accurate identification?
Answer Expert Verified. The answer is Phil who makes his identification in less than 10 seconds. Through 4 researches, the authors revealed that a time border of approximately 10 to 12 s best distinguished accurate from inaccurate positive proof of identity.
How many photographs are usually in a photo array photo lineup?
Which of the following is the formal legal term for bolstering a witness’s credibility?
Lineup Show-up Photographic array All of the above When the credibility of a witness is attacked, the side that produced the witness can take steps to bolster his or her credibility, either by calling other witnesses or introducing other evidence. This process is known as: restructuring.
How many photographs are usually in a photo array photo lineup quizlet?
When conducting a photo line-up identification procedure the officer should “include a minimum of five (5) fillers (nonsuspects) per identification procedure.” Therefore, the photo line-up will, at a minimum, consist of the suspect (1) and (5) fillers, or 6 photos in all.
What is not accepted by the courts as evidence?
Primary tabs. Evidence that can not be presented to the jury or decision maker for any of a variety of reasons: it was improperly obtained, it is prejudicial (the prejudicial value outweighs the probative value), it is hearsay, it is not relevant to the case, etc.
What is a post indictment lineup?
Post Indictment Lineup Without Counsel. Rules: 1. The right to counsel is guaranteed by the Constitution at any pre-trial stage of criminal trial which is deemed critical (post indictment is critical). Post indictment lineup without the presence of counsel violates the 6th Amendment.
Does a defendant have a right to counsel at a lineup?
As previously stated, a defendant has a Sixth Amendment right to counsel at a physical lineup if the suspect has been formally charged. As such, the defendant’s attorney must be allowed to view the lineup, to see and hear what is said to witnesses and to hear what witnesses may say during the lineup.
Can you refuse a police lineup?
As a condition of granting bail or OR release, a judge may require a suspect to participate in a lineup. Unless they have a court order, the police cannot compel suspects who have not been arrested to participate in a lineup.
What is an identification procedure?
Identification Procedure – Any procedure that includes the suspect and tests the witness’s memory of a person involved with the crime, including a show-up, photomontage, lineup, mug-book search, and the production of a composite sketch.
How do you identify a suspect?
Three identification methods require the services of a forensic or investigative specialist: fingerprint comparison, DNA compari- son, and composite drawing. A more common identification method, the police lineup, involves investigators, witnesses or victims, and a known suspect.
What are the different methods of personal identification?
Numerous methods have been used for personal identification in forensic odontology, which include rugoscopy, cheiloscopy, bite marks, radiographs, photographic study and molecular methods.
Why is an in court identification prohibited after an unnecessarily suggestive lineup?
Suggestive confrontations are disapproved because they increase the likelihood of misidentification, and unnecessarily suggestive ones are condemned for the further reason that the increased chance of misidentification is gratuitous.”
Which of the following is false about a post indictment identification procedure where counsel is not present?
which of the following is false about a post indictment identification procedure where counsel is not present? the court will not allow an in court identification of the defendant even if the witness’s ability to identify a person is based on an independent source.
What is the Kirby rule?
Rule: A person’s Sixth and Fourteenth Amendment right to counsel attaches only at or after the time that adversary judicial proceedings have been initiated against him. This is not to say that a defendant in a criminal case has a constitutional right to counsel only at the trial itself.
What is a relative judgment process?
Wells first proposed this idea, stating that “the term relative judgment refers to the fact that the witness seems to be choosing the lineup member who most resembles the witnesses’ memory relative to other lineup members” (Wells 1984, p. 92).
At which of the following is a suspect entitled to counsel?
A criminal defendant’s right to an attorney is found in the Sixth Amendment to the U.S. Constitution, which requires the “assistance of counsel” for the accused “in all criminal prosecutions.” This means that a defendant has a constitutional right to be represented by an attorney during trial.
Which Supreme Court case held that too much suggestiveness makes an identification unfair?
Manson v. Braithwaite
What is tainted identification?
Taint is a term used in the legal field with reference to evidence that has been “tainted” or ruined in some manner. The most common of such usage is with reference to evidence, testimony, identification by witnesses, or confessions that have been obtained by law enforcement illegally.
Does a defendant have a right to counsel at a photograph identification session?
In United States v. There is no right to counsel at a photo array, however, whether it occurs prior to or after formal charging (United States v. Ash, 413 U.S. 300 (1973)).
What is the Wade Gilbert rule?
United States v. Wade, together with Gilbert v. California, created the Wade-Gilbert Rule. Under this rule, the Supreme court held post-indictment lineups are a critical stage of the criminal prosecution and the defendant is entitled to have their counsel present at critical stages under the Sixth Amendment.
What is the proper method of conducting a photo lineup?
(B) The folder shuffle method, which refers to a system for conducting a photo lineup by placing photographs in folders, randomly numbering the folders, shuffling the folders, and then presenting the folders sequentially so that the administrator cannot see or track which photograph is being presented to the eyewitness …
Which of the following usually takes place after a pretrial release decision has been made?
Which of the following usually takes place after a pretrial release decision has been made? The preliminary hearing serves as a check on: The prosecutor’s charging decision.