Identify the two steps in the totality of circumstances due process test of admissibility of eyewitness identification created by SCOTUS. Identify and describe the five circumstances in the totality of circumstances due process test that you identified
What will be an ideal response?
The SCOTUS test for determining whether a particular identification procedure has violated due process requires that the defendant prove by a preponderance of the evidence the following:
(1) The identification procedure was unnecessarily and impermissibly suggestive.
(2) The totality of circumstances proves that the procedures created a very substantial likelihood of misidentification.
Five circumstances (factors) make up the "totality of circumstances" under the due process test:
(1) witness's opportunity to view defendants at the time of the crime
(2) witness's degree of attention at the time of the crime
(3) witness's accuracy of description of defendants before the identification
(4) witness's level of certainty when identifying defendants at the identification
(5) the length of time between the crime and the identification procedure
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The most extensive illegal activity for TOC groups is drug trafficking.
Answer the following statement true (T) or false (F)
Enrico Ferri’s saturation theory of crime refers to the idea that ______.
a. eventually society will need to revert to the practice of exile to handle its criminal population b. crime expands to fit the amount of control machinery assigned to it c. society will not let the crime rate exceed beyond a certain point d. natural forces prevent the crime rate from exceeding a certain rate within society
The Supreme Court unanimously held that a probationer was constitutionally entitled to counsel in a revocation-of-probation proceeding:
A) ?where the imposition of a sentence had been suspended. B) only ?if the probationer requested legal counsel. C) ?when a dispute over the facts existed. D) ?if there was a possibility of the probationer returning to prison. E) when an appeal of the proceedings was expected.
Partnerships are often referred to as _______________
Fill in the blank(s) with correct word