Kristin Taylor- Critcal Thinking Questions Chapters 16 and 17

Kristin Taylor- Critcal Thinking Questions Chapters 16 and 17

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Kristin Taylor PLS 316-Criminal Evidence Dr. Glenn Skeens October 11 th , 2015 Critical Thinking Questions- Chapter 16 1. Define lineup , and explain what constitutional rights apply. According to Hails (2012) a lineup is a procedure in which the victim or eyewitness is asked to view a group of people and tell police if the person who committed the crime is there (pgs. 483-484). The constitutional rights that apply to lineup is that on the fourth amendment is that it must have probable cause or suspect’s consent to transport suspect to police station for lineup. The Fifth Amendment is there are no Fifth Amendment rights and line up is not testimonial. The Sixth Amendment is it has the right to have counsel present during lineup if it is conducted after arraignment or indictment. And the due process on the lineup is it must not be unduly suggestive (Hails, 2012, p. 485). 2. Define show-up , and explain each applicable constitutional right. Hails (2012) states in the text that a show up involves having a victim or eyewitness view one person and state whether or not this is the person who allegedly committed the crime (p. 484). According to Hails (2012) each constitutional right that applies to this term is in the Fourth Amendment is it must have reasonable suspicion or suspect’s consent to detain
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suspect in the field for a show up. No Fifth Amendment rights it is not testimonial. In the Sixth Amendment they have the right to counsel present during show up if it is conducted after arraignment or indictment. And in Due Process focuses on credibility of the person who identified the suspect (p. 485). 3. Define photographic lineup , and explain what constitutional rights apply. Photographic lineups involve showing pictures (Hails, 2012, p. 484). Hails (2012) states in the text that the constitutional rights are in the Fourth Amendment that are none whatsoever as long as suspect is not detained. There are no Fifth Amendment rights it is not testimonial. In the Sixth Amendment there are no rights as long as the suspect is not present. And in the Due Process it must not be unduly suggestive (p. 485). 4. What types of errors in identification procedures will cause reversal of a conviction? Explain. A witness may testify about any properly conducted identification procedure. Whereas the prosecutor will ask about the situations in which the witness correctly identified the suspect, the defense attorney will try to show as many misidentifications as possible. The ability of the witness to identify the suspect may be challenged. This includes bad eyesight, poor memory, and a variety of other factors. Some courts even allow physiologists to give expert testimony on the inherent problems with eyewitness identification. These problems include perception, memory, emotional state of the
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witness, and both conscious and unconscious motivation to identify someone as the perpetrator of the crime. The impact of stereotypes and prejudice may also be covered.
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