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Identify 1. and define four mental processes that account for mistakes in identifying strangers. Also identify the five circumstances that affect the accuracy of perceptions in identifying strangers. I could only find three: Acquisition of Memory: the amount of information a person notes in their brain at the time of the crime Retention of Memory: the amount of information that is retained between the crime and the booking process to the time of the lineup Retrieval of Memory: the amount of information that is able to be recall at the time of lineup for identification The five circumstances are: Length of time to observe the stranger, Distractions during the observation, Focus of the observation, Stress on the witness during the observation, Race of the witness and the stranger1 2. Why are photo identifications the most unreliable eyewitness identification procedure? The amount of photos used in the mug shot book makes the identification suggestive at times. Also, the alleged suspect may have changed their looks from the last time they were photographed. 3. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today? Constitutional Right: It is your right to be protected under unreasonable search and seizures and due process Judicial Integrity: It keeps the courts in line through integrity Deterrence: It keeps the police from breaking the law Since the 1980s, the Court has relied on deterrence as the only justification for excluding valid evidence.2 Why should the court here the case if the Police can not obtain the evidence lawfully? 1 Samaha 2 Samaha 4. List and explain five exceptions to the exclusionary rule. Collateral Use: The use of illegally obtained evidence in nontribal proceedings Cross-Examination: The government presents evidence to prove the suspect is guilty Attenuation of the taint of unconstitutional official conduct: Only if the evidence makes the governments case weak(er) Independent Source: The evidence will be admissible unless the police break the law in order to discover the evidence Inevitable Discovery: If the Police would eventually find the evidence under constitutional means 5. Identify the difference the between subjective and objective tests of entrapment. Identify two elements in the subjective test of entrapment and the two kinds of circumstances the government can use to prove defendants' predisposition to commit crimes. The subjective test,thestatesutilizespossibleconsiderationsisthedefendant'sstateof mind.However,in the objective test the statesthathaveadoptedtheobjectivetestfor entrapmentdonotlooktotheactionsormotivationsoftheindividualoffender.Instead, theyarefarmoreconcernedwiththenatureofthegovernment'sparticipationinthe criminalendeavor. Thetwoelementsusedinthesubjectivetestaresomewhatoneinthesame.Thefirstone is,they(thesuspect)hadnointentionsincommittingthecrimeuntilthegovernmenthad encouragedthem.Thesecondoneisthecrimewascommittedduetotheencouragement ofthegovernment. 6. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer. NO, and if there is, there should not be one. The exclusionary rule isnt a constitutional right; its a device to protect constitutional rights! 7. Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to pass. Officers cant be held personally liable for their official action if; Their action meets the test of objective legal reasonableness. And reasonableness is measured be legal rules clearly established at the time the officers acted.3 8. Identify and describe the differences between two kinds of state civil lawsuits against individual state officers. The two are; State Tort lawsuits and U.S. Civil Rights Act lawsuits. State torts involve an individual officer whereas the Civil Rights act lawsuits involve the agency 9. Can you sue a judge for damage? A prosecutor? Explain. No for judges and yes for prosecutors. Judges fall under what the courts call ABSOLUTE IMMUNITY meaning they cant be sued. They can be impeached or voted out of office if the people have found them to be in bad faith. As for the prosecutors, functional immunity is what protects most prosecutors. It all comes down to the function that the prosecutor had in the case. References 1. Samaha, Joel (2007), Criminal Procedure 7th ed., Wadsworth Publishing, ISBN: 978-0495095460 3 Samaha ... View Full Document

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