Crim Pro2 Quiz 1

______ is important because in a trial there will be at least 1 witness who has to identify the accused as the perpetrator of the alleged crime.

Which case is controlling for in court identification? ​ ​ ​ (a)  

• Neil v. Biggers
• Kyles v. Whitley
• United States v. Bagley

Match the following

• LEO ask W's to look thru a series of photos to identify a person

• Live Line up

• LEO present a group of individuals & ask to identify a person

• Show up

• W is shown just 1 person who committed the crime

• Photo Spread

• W is asked to id the perpetrator during a court proceeding

• In Court Identification

A post-indictment, pretrial ​ (a)   at which the accused is exhibited (meaning the accused is there in a live line-up) to be ​ (b)   by ​ (c)   which is a ​ (d)   of the criminal prosecution.

• lineup
• identified
• witnesses
• critical stage

If the police conduct a live lineup without notice to the counsel and in the absence of his counsel, will this deny the accused his 6th and 14th right to counsel?

• Yes

• No

• It Depends

Does the 6th Amendment attach to the accused at the initiation of the adversary judicial criminal proceedings (i.e. formal charge is an indictment, a preliminary hearing)?

• Yes

• No

• It depends

If a live line up is done after arraignment without the D’s atty being notified so s/he can be present is a violation of due process

• True

• False

During a pre-indictment live line up which is conducted at the investigative stage, there is no 6th amendment violation

• True

• False

• It Depends

Answer explanation

During a pre-indictment live line up conducted at the investigative stage there is no 6th amendment violation b/c an investigation is underway and the suspect is placed in a live line up to see if the W can identify the accused

The 6th Amendment right to counsel does not attaches to the accused at the initiation of the adversary judicial criminal proceedings (i.e. by way of formal charge, preliminary hearing, indictment, information, or arraignment)

• True

• False

• It Depends

Answer explanation

This is wrong b/c

the 6th Amendment right to counsel DOES attach to the accused at the initiation of the adversary judicial criminal proceedings

A ​ (a)   pretrial lineup at which the ​ (b)   is exhibited to identifying witnesses is a ​ (c)   of the criminal prosecution

• post-indictment
• accused
• critical stage