Which of the following isNOT a commonly requiredshowingto bring a newly discovered evidence claim in collateral post-conviction relief proceedings? The new evidence could not have been discovered prior to trial with the exercise of reasonable diligence. The new evidence is relevant and not cumulative or merely impeaching. The new evidence reiterates similarexculpatory evidence that was presented at trial. The new evidence creates a sufficient probability of a different result at a new trial. True or False:Conviction Integrity Units administered by prosecution officesare one of the leading causes of wrongful convictions. Which of the following is one of the common criticisms of forensic comparison evidence like hair microscopy? Forensic analysis and its resultsare supported by the scientific method. Generally, forensic analyses are objective endeavors. Error rates with forensic analysis are clearly established. Generally,forensic analyses are subjective endeavors. True or False:Justice Black's dissent in Gideon v. Wainwright (1963) argued that the right to counsel was a fundamental right under the majority's predominant Fundamental Fairness Doctrine of judicial interpretation in use at the time. In Strickland, Justice O'Connor articulated a two-part test to determine whether an ineffective assistance of counsel claim warranted a reversal of a trial conviction. Please select the answer that best describes the Strickland test. a.First, a defendant must demonstrate that the attorney was objectively deficient through a reasonably effective assistance analysis that is guided by prevailing norms and consideration of all circumstances relevant to counsel's performance. Second, the defendant must show that he/she was actually prejudiced to the point that confidence in the fairness of the proceeding's outcome has been undermined. b. First, a defendant must demonstrate that the attorney was not his preferred option of representation. Second, the defendant must show that if he/she would have had a more skilled attorney, there is a strong likelihood that he would have not been convicted. c. First, a defendant must demonstrate that the attorney's performance was deficient as evidenced by a violation of specific guidelines governing the function of defense representation. Second, the defendant must illustrate that the circumstances surrounding the trial support a presumption that counsel was ineffective. d. First, a defendant must demonstrate that the attorney made a strategic decision that was reasonable at the time of trial, but in hindsight proved to be erroneous. Second, the defendant must show that he/she was prejudiced by the erroneous strategy under a clear and convincing standard of proof. True or False:There is no constitutional right to counsel during a collateral post-convictionproceeding. True or False: The right to counsel, whether retained or appointed, is a universal right in all consequential felony and misdemeanor criminal prosecutions where actual imprisonment is the resulting punishment. Which of the following answers is not applicable to the characterization of the Fundamental Fairness Doctrine? a. There are no bright line rules to determine if a due process procedure has adhered to principles of fundamental fairness in any given situation. b.Due Process Fundamental Fairness continues to be viable in cases not associated with specific Bill of Rights guarantees that have been incorporated against the States. c. Due process is rigid and concrete in nature, and its guarantees only encompass the specific rights and protections enumerated in the first eight amendments of the Bill of Rights. d. Fundamental fairness also has a substantive grounding, and is not satisfied by default simply because a deprivation of life, liberty, or property is achieved through a fair procedure. Based on exoneration data,which of the following offenses is the most likely to yield biological evidence from the crime scene? a.Rape. b.Armed robbery. c.Burglary. d. Fraud. Which one of the following is not amongst the major contributing factors of wrongful conviction in the United States? Witness Misidentification False Confessions Ineffective Assistance of Counsel Forensic DNA evidence. True or False:Most DNA testing statutes around the countryeither imposelimitations onor prohibitrepeated testing of the same biological evidence. True or False:Although the laws are varied,the federal government and all fifty stateshave enacted specific provisions for granting post-conviction DNA testing. True or False:"Legal innocence" refers to instances where a factually innocent person is wrongfully convicted for a crime,while "actual innocence"refers to instances where a procedural error during legal proceedings results in overturning a conviction because a defendant's fundamental rights were violated by the State. True or False:Currently, it is virtually impossible to pinpoint the actual rate at which wrongful convictions occur. Which one of the following is not one of the limited ways enumerated by Richard Leo to concretely prove a confession is false? Objective proof that the suspect confessed to a crime that did not happen. Objective proof that the suspect could not have committedthe crime due to physical impossibility. The true perpetrator of the crime is discovered by some mechanism such as DNA evidence. The confessor is young and suffers from some kind of mental disability. True or False:Studies have shown that juveniles and the mentally disabled are more prone to falsely confess because these groups tend to beeasier to manipulate, often do not comprehend the severity of the situation, and may be prone to acquiesce in the face of authority figures. Lessons learned from exoneration cases and social science experiments have led researchers to distill the multi-step process of influence, persuasion, psychological coercion, and compliance into three-sequential errors that areoften found in the circumstances leading to police-induced false confessions.Which of the following groupingsbest illustrates the three type of errors and the chronological order in which they occur? Contamination-Misclassification-Coercion Misclassification-Coercion-Contamination Misclassificaton-Coercion-Purification Identification-Collusion-Corruption Which one of the followings solutions has been suggested as the easiest, most practicalway to mitigate against a false confession? Mandatory video surveillance of police interrogations in their enitrety. Emphasis on training to encourage "tunnel vision." Completely discontinue the use of all potentially coerciveinterrogation methods such as the Reid technique. Implement polygraph testing following all confessions. True or False:On average over the past few years,less than 5% of all felonycriminal convictions in the United State are obtained throughthe trial process. Which oneof the following has not been found to be major contributing cause of witness misidentification? Cross-Racial Bias. Identifications obtained from police composite sketches. A witness's multiple viewings of a suspect in custody. Double-blind sequential line-up procedures. True or False:The Hendersoncourt ruled that a defendant must make some showing of suggestiveness before both system and estimator variables will be reviewed by a court to determine the reliability of an identification. Which one of the following has beenclassified as a system variable by the National Academy of Sciences and the Henderson court? A properly constructed witness line-up comprised of a minimum of five people that look like the suspect. Weapon focus. Memory decay. Exposure to private actors regarding the identfication. True or False:The following list exclusivelycomprises some of the witness identificationfactors classified as system variables that are within the control of the state:blind or double-blind administration of identification procedures, video recording the identification procedure, show-up identification procedures, witness memory decay, and pre-identification witness instructions that make clear that the suspect may or may not be in the line-up. True or False:The Henderson court found that enhanced jury instructions to help jurors evaluate the probative value of eyewitness ID evidence would not be helpful in the prevention of wrongful convictions associated with witnessmisidentifications. True or False:Studies have shown that high levels of stress during crimes of short duration enhance a witness's ability to make an accurate identification. True or False:The following list is comprised of some witness identificationfactors that the National Academy of Sciences has classified as estimator variables, or conditions associated with the actual crime or factors specific to the eyewitness: lighting, duration, distance, duress, and cross-racial bias. True or False:In mitigating against witness misidentification,blind administration of photo line-ups,where the administrator knows who the suspect is but cannot see the presentation of the photos,is the preferred best practiceover double-blind administration,where the administrator neither knows who the suspect is and cannot see the presentation of the photos. True or False:DNA is not amongstthe forensic practices that 1) has a demonstrable error rate, 2) is rooted in anobjectiveanalysis,3) has reproducible results, 4) has been subjected to peer review, and 5) is generally accepted within the scientific community. True or False:Neither theBradyRule nor a court's review of the suggestiveness and reliability of an identificationare associated withconstitutional due process. Which of the following does not impose either an ethical or constitutional duty on the prosecution to turn over exculpatory evidence to the defense? ABA Model Rule 3.8. The SCOTUS holding inBrady v.Maryland. The Sixth Amendment right to counsel. The Due Process Clauses of the Fifth and Fourteenth Amendments. Which of the following would not be considered Brady evidence necessitating prosecutorialdisclosure? An agreement not to prosecute a witness in exchange for the witness's testimony. A witness-police detective's exemplary personnelrecord reflectinghonesty andintegrityin the line of duty. A witness-police officer's personnelrecord reflecting numerous instances of lying under oath Arrest photographs of the defendant when those photos do not match the victim's description. Which of the following is not a component of the Court'sBrady analysis regarding whether or not to grant relief upon a showing that the State failed to disclose exculpatory evidence? The evidence must be favorable to the accused. The evidence must be material to guilt or punishment. Whether or not the prosecutor knew of the existence of such evidence has a direct bearing on whetherrelief will be granted. There must be a reasonable probability that the defense was prejudiced to the point that there would have been a different outcome had the prosecutor disclosed the evidence. In Milkev. Ryan, which one of the following was not a reason that the NinthCircuit Court of Appeals ruled in Milke's favor? The failure to disclose Armando Saldate'srecord of misconduct & dishonesty hamstrungMilke's ability to impeach the State's key witness, which resulted in a denial of due process. There is a strong likelihood that SaldateviolatedMilke'sMiranda rights during the custodial interrogation. The prosecution's suppression of the Saldatepersonnel record distorted the fact-finding process, and forced the state court judge to make findings based on an unconstitutionally incomplete record. The Court was convinced of Milke'sinnocence