Chapter 9: Eyewitness and Scientific Identifications

Question 1

Eyewitness Identification

Answer 1

Identification of suspect by victim or eyewitness

Question 2

3 Forms of Eyewitness Identification:

Answer 2

1. Lineups
2. Showups
3. Photographs

Question 3

Lineups

Answer 3

Six suspects lined up side by side (“six-pack”).

Some of the individuals are fillers, distractors, and foils.

Officer ask: “are any of these individuals the one who committed the crime?”

Question 4

Fillers / Foils / distractors

Answer 4

individuals in lineups who are not suspects.

Question 5

Showups

Answer 5

Police stage confrontation between victim / eyewitness and a single suspect.

Question 6

Photographs

Answer 6

Eyewitness / victim is shown six photographs of potential suspects.

Police ask “are any of the individuals in these photographs the one who committed the crime.”

Question 7

Scientific Identification

Answer 7

Using scientific techniques to identify perpetrator of crime

(DNA, fingerprints, hair analysis, etc.)

Question 8

In-Court Identification

Answer 8

testifying that individual you identified earlier is as the perpetrator is the defendant at defense table in court.

Question 9

Defendants have the ___th amendment right to an _____________ during ____________. Defendant may file motion to have _____________ suppressed as evidence if his ____________ is not present.

Answer 9

6th; attorney; lineups; lineups; attorney

Question 10

Defendants also enjoy right to ___________ __________ during different stages of the ____________ proceeding including: ____________ ___________, __________ __________, ___________, ____________, and __________.

Answer 10

legal counsel; criminal; formal charging; preliminary hearing; indictment; information; arraignement

Question 11

The burden is on the defendant to prove “______, I was identified, but the procedure through which I was _________ was so unfair that there’s a ___________ likelihood that I was _____________.”

Answer 11

Yes; identified; reasonable; misidentified

Question 12

5th Amendment protects defendant’s right against ___________ ___________, specifically concerning ____________ evidence: written or spoken ____________ words.

5th Amendment does not protect _____________ evidence, and a defendant can be compelled by court order to participate in ____________, try on different ___________, have _____________ taken, having ___________ taken, providing __________ and __________ exemplar, give sample of __________, __________, __________, etc., lest they be held in contempt of court.

Answer 12

self incrimination; testimonial; incriminating

nontestimonial; lineups; clothes; photograph; fingerprints; handwriting; voice; urine; blood; hair

Question 13

3 Stages of Eyewitness Identification

Answer 13

1. Perception
2. Memory
3. Identification

Question 14

Perception

Answer 14

You saw what happened during crime

Question 15

Memory

Answer 15

You remember what happened

Question 16

Identification

Answer 16

You recall what happened & identify the perpetrator

Question 17

__________ are the predominant cause for _____________ convictions. Psychologist once thought the mind was a like a _________ camera taking in all experiences. We now understand most crime __________ are _________ and during the commission of the crime against them their ability to identify _____________ characteristics (height, weight, age, facial structure, voice, etc.) are ___________.

Answer 17

Misidentifications; wrongful; video; victims; frightened; distinguishing; obscured

Question 18

Three Factors Explaining False Identifications

Answer 18

1) Crime Factors
2) Victim Factors
3) Offender Factors

Question 19

1) Crime Factors

Answer 19

Victims may not be able to remember what happened, especially if crime happened quickly.

Question 20

2) Victim Factors

Answer 20

Victim may be paying attention to only one factor (i.e. gun pointed at his face) and may forget to identify other factors (tattoos, height, skin color, etc.).

Question 21

3) Offender Factors

Answer 21

Victims identify the attacker as Black, White, Latino, Hispanic, etc., but can’t ID distinctive features about perpetrator other than them being “tall,” “short,” “slim & small,” “big and bulky.”

Question 22

Another factor causing __________ is memory. Victims generally want to forget a __________ memory (of their victimization). Most victim’s aren’t going to remember things like _____ color, hair _________, which are pivotal identifications in ___________ cases.

Also, the __________ of ___________ could change/alter the victim’s ___________. For instance, after looking at photographs of potential suspects, they may point to a specific suspect in a _________ because he’s a “_________ face.”

Answer 22

misidentification; painful; eye; texture; criminal

power; suggestion; memory; lineup; familiar

Question 23

Identification is the last step after overcoming ___________ and ___________. Identification operates like a __________ choice test. Victims / eyewitnesses decide the suspect that best resembles their ___________ of the _____________, even if none of the ____________ fit the victim’s / witnesses’ _____________ of the perpetrator.

Answer 23

perception; memory; multiple; memory; perpetrator; suspects; memory

Question 24

Officers may _____________ or _______________ sway the victim/witness to choose a certain ____________ among the lineup, with subtle gestures and _______ of approval. Also the victim may grow tired, and choose a suspect to “___________ on with ________.”

Answer 24

intentionally; unintentionally; suspect; nods; move; life

Question 25

– Techniques to Prevent Misidentification: Opening –

Answer 25

– Techniques to Prevent Misidentification: Opening –

Question 26

Blind Administration

Answer 26

Administrator of identification should not tell witness which individual is the suspect.

Question 27

Double Blind

Answer 27

Neither administrator of identification nor witness know who suspect is.

Question 28

Instructions

Answer 28

Administrator should not say whether witness made right to choice in deciding who suspect is.

Question 29

Single Eyewitness

Answer 29

If there are multiple eyewitnesses

• each witness should be shown the lineup one at a time, and should not be allowed to confer w/ one another (may influence their decisions during identification).
• Administrators should not tell a witness who other witnesses identified as the perpetrator (may influence their decision).
• Witnesses should not be shown photo of suspect before the lineup.

Question 30

Confidence

Answer 30

Administrator (Police officer) asks witness if they’re confident in their choice of who the suspect is.

Question 31

Sequential Presentation

Answer 31

Sequential lineup:
Suspects in line up are shown one at a time.
(alleviates pressure of having to choose between multiple suspects)

Question 32

Simultaneous lineup (NOT one of the techniques to prevent misidentification)

Answer 32

Administrator shows witness(es) all potential suspects at once.

Question 33

Balance

Answer 33

Each suspect must resemble the distinctive characteristics mentioned by witness, and each suspect should look similar in features (hair, facial structure, etc.)

(However, suspects that look too similar make it hard for witness to identify perpetrator).

Question 34

Distinctive Features

Answer 34

Fillers in lineup should have distinctive features mentioned by police.

May be required by police to shave beard, cut hair, and motion certain physical gestures.

Question 35

Number

Answer 35

5 fillers in six pack lineups

4 fillers in photograph lineups

prevents potentially innocent individual from being chosen based on witnesses’ “guess.”

Question 36

Preservation:

Police officers should record the lineup or show-up on a standard ________. The _________ of the lineup, the number of the _____________ member selected by witness, the __________ of the witness should all be recorded. The witnesses’ ______________ for the basis of her choice may also recorded. The lineup / show-up / photograph lineup should also be _____________. This information should be ____________ into a _________ available to ______________ and ____________ attorneys at trial.

Answer 36

form; date; lineup; name; explanation; recorded; compiled; report; prosecution; defense

Question 37

Photographs

Answer 37

photo arrays of suspects should be uniform.

No mixing back & white, and colored photos.

no writing / indications on the photos that the person from the photo has been indicted / imprisoned.

Question 38

Jury Instructions:

Jury members instructed to observe…

• whether or not witness identifying defendant as perpetrator really had opportunity during the commission of the crime to ____________ the perpetrator.
• Whether the witnesses’ identification of the perpetrator is based on _____________ influence.
• Whether the witness has been in _____________ with perpetrator somewhere in the past.

Answer 38

identify

outside

contact

Question 39

Expert Witness

Answer 39

Courts permit expert witnesses to testify about the psychological barriers of expert testimony.

Question 40

Wade-Gilbert Rule

Answer 40

1. Defendants have 6th Amend. right to legal counsel for lineups post indictment.
2. Lineup conducted absent a lawyer may not be introduced at trial.
3. If Prosecution uses in-court ID, he has to prove the identification of the defendant was not the product of lacking legal counsel in violation of 6th Amend.

Question 41

Critical Stages of Criminal Proceeding

Answer 41

Stages of criminal proceeding where the defendant not having legal counsel may prevent him from having fair trial.

Question 42

Suggestive Procedures

Answer 42

highlighting one individual among all participants in a lineup.

Question 43

Defense attorney usually doesn’t object to the police ____________ of the lineup during the ___________ of potential suspects, but he is provided an opportunity in court to ______________ to the lineup _____________ and its _____________ during cross examination at trial.

Answer 43

practices; lineup; object; practices; accuracy

Question 44

Law enforcement should contact a potential suspect’s ___________ before the lineup is conducted. If the attorney is not _______________, then the lineup should be ___________, or a _____________ attorney should fill in, and the suspect should be asked whether he’s willing to ___________ his right to an attorney.

Answer 44

lawyer; available; postpone; substitute; waive

Question 45

In Kirby v. Illiniois, (1972), the Supreme Court decided the suspect’s right to ____________ _____________ under the _____th amendment does not attach to lineups conducted _____________ the formal arrest but before the ___________ ____________ of criminal proceedings.

William Shard reported to police that we was robbed by two individuals. His wallet contained two ______________ checks and a __________ ___________ card.

Police stopped two individuals, Kirby and Bean, who were suspected of another robbery that had taken placed. The Police searched them and found three __________ __________ and a ____________ ___________ card which had Shard’s name on it. They were arrested.

During the lineup, Shard positively identified Kirby and Shard as the robbers.
Lineup evidence was admitted to trial and Kirby and Shard were convicted.
Kirby and Shard said their _____th Amendment right to ___________ _____________ was violated.

Supreme Court said right to _____________ _______________ doesn’t attach to a ___________ after a formal arrest and prior to pivotal stages of criminal proceedings like ___________ ___________, ____________ _____________, ____________, ____________, and _______________.

Answer 45

legal counsel; 6th; after; critical stages

travelers; social security

travelers; social security

6th; self incrimination

legal counsel; lineup; formal charging; preliminary hearing; indictment; information; arraignment

Question 46

Photographic displays / noncorporeal identifications

Answer 46

Identifying perpetrator of a crime using photographs (when suspect is not physically present)

Question 47

Defense attorneys, just as they are during ____________, may also be present for _____________ identifications, to evaluate whether the suspect’s photo was _________, ___________, or _____________ in any fashion from other (5) photos.

HOWEVER, the Supreme Court ruled in U.S. v. Ash (1973), an ______________ presence during photographic identification is not included among the 6th Amendment right to legal counsel. The ____________ is not present, and so there’s no need for an attorney to point out _____________ or _______________. However, the attorney is free to point out potential ______________ of a photo identification of the suspect during ___________.

Answer 47

lineups; photographic; larger; brighter; distinguished

attorney’s; accused; prejudices; suggestiveness; suggestiveness; trial

Question 48

Dissenting judges concede that a fair trial means that ___________ _____________ attaches for both _________________ and ______________ identification, because there’s no ___________ difference between ________________ identification and identification by _____________.

Answer 48

legal counsel; meaningful; corporeal; photograph

Question 49

Corporeal Identification

Answer 49

Witness identifies perpetrator who is physically present.

Question 50

In Stovall v. Denno, (1967), the Supreme Court responded to the fears of dissenting judges in U.S. v. Wade, (1967), and Gilbert v. California, (1967), that suspect’s weren’t protected against ______________ identification procedures _____________ the critical stages of a criminal proceeding.

In Stovall, the Court ruled that suspects are protected in the ______-indictment phases from ____________ identification procedures that make it ___________ that innocent individuals will be ____________ or deprived of __________ or _________, using the ______th and ______th Amendment Due Process Clauses.

Answer 50

suggestive; BEFORE

pre; suggestive; likely; misidentified; life; liberty

Question 51

In Manson v. Brathwaite, (1977), Officer Jimmy D. Glover and police informant Henry Alton Brown converged on an apartment to identify narcotics dealer.

Glover knocked on the door. The door opened 8-12 inches, and he asked for “two things of ______________” in exchange for $20. The door shut, and when it reopened, the man gave Glover two glassine bags.

Glover was standing 2ft away from the narcotics dealer, and was able to see what he looked like.

Upon leaving, Glover went back to police headquarters, described the narcotics dealer to Officer D’Onofrio: a colored man, dark skin complexion, black hair, 5ft tall, high cheekbones, and a heavy build.

D’Onofrio said the description sounds like Nowell A. Brathwaite.

D’Onofrio pulled a picture of Brathwaite and placed on Glover’s ____________.

Upon returning to his office days later, Glover remarked that the photo was ___________ with the person he’d confronted when obtaining narcotics.

Brathwaite was arrested, and the trial court found him guilty on the two counts of narcotics charges.

Brathwaite appealed, saying the ______________ process to identify who he was violated his ______ _______________ of law. Why is it that the officers just used _______ photo to identify the perpetrator and not the regular ______? How do we know D’Onofrio affirmatively identifying the dealer as Brathwaite didn’t sway (and solidify) Glover’s _____________? Brathwaite argued this increased the likelihood and unreasonably ran the __________ of ________________.

Brathwaite moved to have the identification completely _________________.

The Supreme Court ruled that _____________-photo identification was so _______________ that it unreasonably ran the the risk that there would be a greater likelihood that Brathwaite would be _____________ as the narcotics dealer.

The Court also reasoned that Officer D’Onofrio could’ve put together _____________ photographs of different suspects.

The Supreme Court, however, rejected Brathwaite’s argument for a ______ ______ exclusion of the _________________ by the witness and any testimony relying on the _______________ of Officer Glover, arguing that a _____ _____ exclusion would damage the administration of ____________.

The Supreme Court established a 4 Step ________________ of ________________ test in determining whether or not ______________ evidence is _____________ in court:

1. The defendant must prove the witnesses’ identification was ______________, using the ___________ of _____________ (51%).
2. It must be proven that the the witnesses’ identification, though _____________, is ____________.
3. The reliability of the witnesses’ identification must be based on…

• perception: the witnesses’ opportunity to ____________ the offender __________ the crime,
• concentration: the ability to focus on the offender’s ______________,
• the accuracy of the witnesses’ ______________ of the suspect,
• certainty in the ______________ of the defendant,
• the length of __________ that elapsed between the crime and the witnesses’ identification,
• and additional ______________ that the defendant was involved in the crime.

4. Is the witnesses’ identification based on the ______________ identification of the defendant, or is based on personal ________________ of the defendant at the crime scene?

If the ________________ evidence is admissible at trial, then under the ____________ of the ________________, it has been ruled that the identification won’t lead to an irreparable _________________.

If the _________________ evidence is inadmissible, then under the ______________ of the ______________, it has been ruled that the identification will lead to an irreparable _______________.

The Court ultimately ruled in favor Manson, stating that though the _____________-photo identification carries great suspicion, Officer Glover’s identification was considered with ___________ and ______________. He had a reasonable time to identify the defendant in the 2-3 minutes he was staring at Brathwaite during the ____________ transaction, his identification of the defendant was within ________ days of having seen the defendant (having a fresh _________ of him in his mind), his identification wasn’t _____________ or burdened, and he was 100% sure it was Brathwaite during his in-court identification.

Answer 51

narcotics

desk

consistent

identification; Due Process; one; six; identification; risk; misidentification

suppressed

single; suggestive; identified

per se; identification; identification; per se; justice

Totality; Circumstances; identification; admissible

suggestive; preponderance; evidence

suggestive; reliable

identify; DURING

appearance

description

identification

time

evidence

suggestive; observation

identification; totality; circumstances; misidentification

identification; totality; circumstances; misidentification

single; care; attention; narcotics; 2; picture; coerced

Question 52

It’s an the administrating officer’s responsibility to inform witnesses that the _______________ may not be in the _______________.

Answer 52

suspect; lineup

Question 53

Frye Test

Answer 53

Est. Frye v. U.S., (1923)
scientific technique has gained general acceptance into the field it belongs to.

Question 54

Kelly-Frye Test:

Est. People v. Kelly, (1976)

1) Technique has gained ___________ _______________ into the field to which it belongs,

2) witnesses testifying on the ___________ _____________ of the technique are properly ______________ as an expert on the subject,

3) and correct scientific _____________ were used in the particular case.

Answer 54

general acceptance

general acceptance; qualified

procedures

Question 55

Daubert Test

Answer 55

Est. Daubert v. Merrell Dow Pharmaceuticals, (1993)
test of the admissibility of scientific evidence based on relevance and reliability evidence.

Question 56

Bertillon Method

Answer 56

Est. by Alphonse Bertillon (Paris, France Police officer)

Identifies criminal based on precise measurements of eleven physical dimensions of the human body (e.g. width of head, length of feet, scars, etc.)

Question 57

The Bertillon Method was eventually replaced by ________________.

Answer 57

fingerprinting

Question 58

Combined DNA Index System (CODIS)

Answer 58

Contains an “offender index,” and a “forensic index.”

Offender Index: samples blood, hair, semen from individuals convicted of sexual assault, rape, from each of the 50 states etc.

Forensic Index: includes DNA evidence found at the scene of the crime.

Question 59

“Near Match”

Answer 59

When DNA found at a crime scene “nearly matches” DNA in CODIS system.

Question 60

Polygraph

Answer 60

test the truthfulness or untruthfulness of a response to an examiner’s question based on physiological factors (i.e. blood pressure, heart rate, perspiration, respiration).