Memorize 3

Memorize 3 - 71. In which of the following circumstances...

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71. In which of the following circumstances would it be inappropriate for a court to allow an in-court identification by an eyewitness to the crime? A. The witness had only a brief opportunity to view the perpetrator and has never participated in a pretrial identification to see if she can identify the defendant B. The witness had only a brief opportunity to view the perpetrator, but was able to pick the defendant of a lineup after some coaching by police C. The witness was unable to pick the defendant out of a lineup D. The witness picked the defendant out of the lineup, but admits that she’s not 100 percent sure 72. In which of the following circumstances should police allow a defendant to have counsel with him or her? A. While drawing blood or DNA evidence B. While drawing blood for DNA evidence, but only if the defendant has already been charged in the case C. When taking his or her picture for a photographic lineup. D. none of the above 73. In which of the following circumstances must a court exclude evidence of an out-of-court identification? A. When police have used a showup instead of lineup or photographic identification B. When police have refused to allow counsel participate in a post-prosecutorial photographic identification C. When police have refused to allow counsel be present during a showup D. When police have coached the witness about whom to pick out of a photographic array, but prior to the initiation of prosecution 74. In which of the following circumstances would it be appropriate to use a showup identification? A. Police apprehend a suspect near the scene of the crime shortly after commission of the crime B. Police take a description from the eyewitness and have probable cause to believe that she is describing a known suspect C. The witness refuses to go to the police station for a lineup D. Police are unable to find any volunteers to participate in a lineup 75. In which of the following circumstances would it be appropriate for police to force a suspect to wear appearance- altering material such as wigs or false facial hair, when participating in a lineup? A. Only when strictly necessary to make the suspect conform more to the witness’ initial description B. Only if the suspect altered his appearance between the time of the crime and his apprehension C. Never. Police may only force the suspect to wear appearance-altering materials when taking his picture for a photographic identification D. All of the time 76. Which of the following is never considered a critical stage of the prosecution? A. A last-minute habeas corpus petition to stay enforcement of the death penalty B. A lineup C. A showup D. Arraignment 77. Prior to the Supreme Court’s ruling in Gideon v. Wainwright, indigent persons enjoyed all of the following rights to counsel except: A. the right to have counsel of their choice appointed, but only if they were illiterate or faced with a very serious sentence B. the right to retain counsel if a member of their family paid for it
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This note was uploaded on 07/24/2011 for the course CJ 4340 taught by Professor Guerra during the Spring '11 term at TAMU Intl..

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Memorize 3 - 71. In which of the following circumstances...

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