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AMU LSTD 400 Assignment #5 answers
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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.

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

3. Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today?

4. List and explain five exceptions to the exclusionary rule.

1. Collateral use

2. Cross-examination

3. Attenuation of the taint of unconstitutional official conduct

4. Independent source

5. Inevitable discovery

6. The “Good Faith Exception

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.



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



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



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



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



You cannot sue a judge but you can sue the prosecutors and the reason for this is because the judges fall under  Absolute Immunity; which gives them protection.  However they can be impeached or voted out of office.  Prosecution falls under functional immunity, and that deals with the role the prosecutor played in that case.

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AMU LSTD 400 Assignment #5 answers
Jan 7, 2013

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.

Interesting question. As a Expert in Criminology, I have dealt with these issues on many occasions and am happy to provide feedback and some helpful links to enhance your knowledge on this issue.

It is well known that statistically significant differences in eyewitnesses' memories or mental processing of key aspects of the witnessing an event or experience include but are not limited to:

• Their confidence level at the time they identified the suspect
• How good a view they had of the event
• Their ability to make out facial details
• The ease of identification
• Whether they had a good basis (enough information) to make their decision

There have been hundreds of studies done that define major factors related to identification and misidentification of stranger's, particularly in the context of the criminal justice system.



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AMU LSTD 400 Assignment #5 answers
Jan 7, 2013

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

The long and the short of it is because a Photo is two dimensional.
 
But also, when there is an investigating officer in the room, they tend to make faces or other tell tale signs inadvertently, of course. They just are not good at bluffing at a poker game, to speak. So the witness is not really focusing on the photo array but can be prejudiced in their selection.



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