CJUS 4200 Exam four review UPDATED
ACTUAL Exam Questions and CORRECT
Answers
What is the purpose of lineups and pretrial identification procedures? - CORRECT
ANSWER - immediate identification of suspects.
What are the four constitutional rights that are at issue during pretrial identification procedures? -
CORRECT ANSWER - the right to counsel.
the right to due process.
the right to protection against unreasonable searches and seizures.
the right to protection against self-incrimination.
Self-incrimination only applies to? - CORRECT ANSWER - only to evidence that is
testimonial or communicative, which occurs when a suspect is required to "speak his guilt" - or
communicate orally.
With the privilege against self-incrimination, suspects can be forced to do several things. List
four. - CORRECT ANSWER - Appear in a police lineup before or after formal charge.
Give a blood sample
Submit to a photograph.
Give handwriting samples.
Submit to fingerprinting.
Repeat certain words or gestures or give voice exemplars.
The right to counsel primarily applies to? - CORRECT ANSWER - a "critical stage of the
prosecution."
Regarding the right to counsel at lineups, when does a suspect have the right to counsel? -
CORRECT ANSWER - After the filing of a formal charge.
, What is the Kirby rule? - CORRECT ANSWER - A person who has not been formally
charged with an offense is not entitled to a lawyer during a lineup.
What is the "critical stage of prosecution" test? - CORRECT ANSWER - The Court has not
defined what "critical stage" means, except to say that counsel is needed in such other
proceedings as custodial interrogations before or after charges have been filed and in preliminary
hearings to determine whether there is sufficient evidence to bring the case to a grand jury.
What is the Wade-Gilbert rule? - CORRECT ANSWER - Afters being formally charged with a
crime, a suspect in a lineup or other confrontation is entitled to have a lawyer present.
Describe what happens when there is a failure to provide counsel at a lineup after formal charges
have been filed. What about testimony? - CORRECT ANSWER - The officer has a number of
options if the lawyer, after having been duly informed of the lineup, fails to show up:
Ask the suspect if he or she is willing to waive the right to counsel.
Postpone the lineup to another time when counsel can be present.
Get a substitute counsel only for the lineup.
If the preceding options are not feasible, conduct a photo lineup.
When is a suspect provided the right to counsel at a lineup? At a showup? At photographic
identifications/displays? - CORRECT ANSWER - At a lineup: after a formal charge.
At a showup: after a formal charge.
At photographic identifications/displays: no right to counsel.
Describe the right to due process in a lineup and show up. - CORRECT ANSWER - Due
process means "fundamental fairness."
Describe the right against unreasonable searches and seizures and how it is justified. -
CORRECT ANSWER - Compelling a suspect to appear in a lineup or show up is a form of
ACTUAL Exam Questions and CORRECT
Answers
What is the purpose of lineups and pretrial identification procedures? - CORRECT
ANSWER - immediate identification of suspects.
What are the four constitutional rights that are at issue during pretrial identification procedures? -
CORRECT ANSWER - the right to counsel.
the right to due process.
the right to protection against unreasonable searches and seizures.
the right to protection against self-incrimination.
Self-incrimination only applies to? - CORRECT ANSWER - only to evidence that is
testimonial or communicative, which occurs when a suspect is required to "speak his guilt" - or
communicate orally.
With the privilege against self-incrimination, suspects can be forced to do several things. List
four. - CORRECT ANSWER - Appear in a police lineup before or after formal charge.
Give a blood sample
Submit to a photograph.
Give handwriting samples.
Submit to fingerprinting.
Repeat certain words or gestures or give voice exemplars.
The right to counsel primarily applies to? - CORRECT ANSWER - a "critical stage of the
prosecution."
Regarding the right to counsel at lineups, when does a suspect have the right to counsel? -
CORRECT ANSWER - After the filing of a formal charge.
, What is the Kirby rule? - CORRECT ANSWER - A person who has not been formally
charged with an offense is not entitled to a lawyer during a lineup.
What is the "critical stage of prosecution" test? - CORRECT ANSWER - The Court has not
defined what "critical stage" means, except to say that counsel is needed in such other
proceedings as custodial interrogations before or after charges have been filed and in preliminary
hearings to determine whether there is sufficient evidence to bring the case to a grand jury.
What is the Wade-Gilbert rule? - CORRECT ANSWER - Afters being formally charged with a
crime, a suspect in a lineup or other confrontation is entitled to have a lawyer present.
Describe what happens when there is a failure to provide counsel at a lineup after formal charges
have been filed. What about testimony? - CORRECT ANSWER - The officer has a number of
options if the lawyer, after having been duly informed of the lineup, fails to show up:
Ask the suspect if he or she is willing to waive the right to counsel.
Postpone the lineup to another time when counsel can be present.
Get a substitute counsel only for the lineup.
If the preceding options are not feasible, conduct a photo lineup.
When is a suspect provided the right to counsel at a lineup? At a showup? At photographic
identifications/displays? - CORRECT ANSWER - At a lineup: after a formal charge.
At a showup: after a formal charge.
At photographic identifications/displays: no right to counsel.
Describe the right to due process in a lineup and show up. - CORRECT ANSWER - Due
process means "fundamental fairness."
Describe the right against unreasonable searches and seizures and how it is justified. -
CORRECT ANSWER - Compelling a suspect to appear in a lineup or show up is a form of
