Week 5 Flashcards
Chapter 9
acquisition of memory
Information that the brain takes in at the time of the crime.
Chapter 9
blind administrator
An administrator of a lineup who doesn’t know who the suspects in it are and therefore can’t influence a witness’s decision.
Chapter 9
DNA fingerprinting
Measuring and comparing the lengths of selected strands of DNA in chromosomes.
Chapter 9
DNA (deoxyribonucleic acid) testing
A test that can positively identify or exclude suspects when a perpetrator has left DNA on items traceable to an individual.
Chapter 9
Federal Rules of Evidence standard
The test of admissibility of DNA testing by considering whether the relevance of the evidence outweighs the tendency of the evidence to unfairly prejudice the defendant.
Chapter 9
Frye plus standard
The test of admissibility that requires showing not only general acceptance of DNA theory, but also that “the testing laboratory in the particular case performed the accepted scientific techniques in analyzing forensic samples.”
Chapter 9
Frye standard
The rule that DNA evidence is admissible if the technique is “sufficiently established to have gained general acceptance in the particular field in which it belongs.”
Chapter 9
Lineup
Identification procedure in which the suspect stands in a line/group with other individuals.
Chapter 9
might-or-might-not-be-present instruction
Instructions to witnesses before they view a lineup that a culprit might or might not be in it.
Chapter 9
per se approach
An approach to determining the constitutionality of an identification which focuses on the procedures employed by officials. It requires the exclusion of out-of-court identification evidence, without regard to its reliability, whenever it was obtained through unnecessarily suggestive procedures.
Chapter 9
photo identification
Procedure in which the witness tries to pick the suspect from one or more photos.
Chapter 9
photo lineup
An identification procedure in which more than one photo is shown to a witness.
Chapter 9
photo show-up
An identification procedure in which only one photo is shown to a witness.
Chapter 9
preponderance of the evidence
A standard requiring the party who has the burden of proof to prove that something is more likely than not.
Chapter 9
recall
Information about an event retrieved from a witness’s memory at the time of a later identification procedure.
Chapter 9
recognition
Eyewitnesses to a crime are shown persons or objects and then asked to indicate whether they were involved in the crime.
Chapter 9
retention of memory
Information the brain stores between the time of the crime and the lineup, show-up, or picture identification.
Chapter 9
retrieval of memory
Information retrieved from memory at the time of the lineup, show-up, or picture identification.
Chapter 9
sequential presentation
Officials present members of a lineup to witnesses one at a time.
Chapter 9
show-up
A procedure in which the witness tries to match the suspect with one other person.
Chapter 9
simultaneous presentation
Officials present members of a lineup to a witness at the same time, standing together.
Chapter 9
suggestion
The interpretation of events shaped by other people’s influence.
Chapter 9
totality of circumstances approach
Weighing all of the facts surrounding the government’s establishing identification of the suspect to determine if it’s reliable enough to be admitted; also called the per se approach.
Chapter 9
unnecessarily and impermissibly suggestive
Circumstances under which, if proven by a preponderance of the evidence, a lineup, show-up, or photographic array can be thrown out of court as evidence as a violation of due process.
Chapter 9
very substantial likelihood of misidentification
Circumstances under which, if proven by a preponderance of the evidence, a lineup, show-up, or photographic array can be thrown out of court as evidence as a violation of due process.
Chapter 10
affirmative defence
A defense in which defendants must introduce evidence in their favor.
Chapter 10
amicus curiae brief
An argument submitted by a party that has a strong interest in a case but is not party to it.
Chapter 10
attenuation exception
The exception to the exclusionary rule that says illegally obtained evidence can be admitted if the poisonous connection between illegal police actions and the evidence they got from their actions is weak enough.
