Identifying Strangers Essay

1. Identify and define the mental processes that account for mistakes in identifying strangers. Also identify the circumstances that affect the accuracy of perceptions in identifying strangers.

1. Acquisition of memory- for the amount of information from the person during the time of the issues or crime activity.

2. Retrieval of the memory- the information that call be recalled at the time of the line-up

3. Retention of the memory- the information between the crime and the booking process to the line-up.

The five circumstances that affect accuracy of perceptions in identifying strangers is: the distractions, the focus, the stress on the witness, races of the two both strangers and the witness, and the length of time to sit and observe the stranger.

2. Why are photo identifications the most unreliable eyewitness identification procedure?

They photos can be unreliable

due to the fact that suspect can change their identity from the last time that person had their booking picture taken.

3. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today? The three justifications for the exclusionary rule are:
Constitutional rights against unreasonable seizure and coerced confession and certain amendment would not be of any use without the exclusionary rule. Judicial integrity forbids the courts from doing anything unconstitutional. Deterrence prevents crime control against the officials from breaking the law. The justification used today is the reasonable and good faith exceptions.

4.

List and explain five exceptions to the exclusionary rule.

Collateral use, is illegally obtained evidence is admissible in all no trial, Cross examination, the prosecution can use illegally obtained evidence to impeach defense, Attenuation of the taint of unconstitutional conduct, states that tainted evidence, Inevitable discovery is tainted evidence admissible if police law breaking produced the evidence and finally, good faith exception. Where State agents acting in good faith honestly believed they were complying with the Fourth Amendment.

5. Identify the difference between the 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 version of the defense has a two-part structure. In most courts employing the subjective version, a defendant wishing to assert entrapment must first establish by a preponderance of the

evidence that a government agent “induced” him to commit the crime he or she is charged

with.

6. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer.

There is no mention of the exclusionary rule and the defense of entrapment. Judges will figure out ways or think up ways to fit whatever for each case to each situation.

7. Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to pass.

“Objective legal reasonableness” where the actions meet or can’t be personally held liable. Also the other one is the reason will add up to the legal rules when the officer acted or “clearly established”.

8. Identify and describe the differences between two kinds of state civil lawsuits against individual state officers.

State torts have individual officers with the civil rights act, lawsuits involve agencies and State torts and United States Act lawsuits.

9. Can you sue a judge for damage? A prosecutor? Explain.

You can sue prosecutors but you cannot sure a judge because judges have what is called “absolute immunity”, but they can be voted out or impeached like the president. Prosecutors are usually protected by what is called “functional immunity” depending on what was the function of that case they were involved in.

References:

Joel Samaha, Criminal Procedure (8th ed. 2012).