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.
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.
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.
Or...
The amount of photos used in the mug shot book makes the identification suggestive at times. Also, the alleged suspect may have changed their looks from the last time they were photographed.
Identify and explain the rationales behind the three justifications for the exclusionary rule. Which justification does the U.S. Supreme Court use today?
Constitutional Right: It is your right to be protected under unreasonable search and seizures and due process
Judicial Integrity: It keeps the courts in line through integrity
Deterrence: It keeps the police from breaking the law.
Since the 1980s, the Court has relied on deterrence the as only justification for excluding valid evidence.
List and explain five exceptions to the exclusionary rule.
Collateral Use: The use of illegally obtained evidence in nontribal proceedings Cross-Examination: The government presents evidence to prove the suspect is guilty Attenuation of the taint of unconstitutional official conduct: Only if the evidence makes the governments case weak(er) Independent Source: The evidence will be admissible unless the police break the law in order to discover the evidence Inevitable Discovery: If the Police would eventually find the evidence under constitutional means.
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