Discussion Questions


Directions: Provide Short Essay Answers and Cite Your Work Using APA Style. Explain the fruit of the poisonous tree doctrine. Explain the independent source doctrine and give an example. Explain the inevitable-discovery exception and give an example. Explain the silver platter doctrine and the current test. Explain the good faith exception to the exclusionary rule. Explain the impeachment exception to the exclusionary rule. List and describe the three basic types of identification procedure. What test does the court apply to determine whether or not the in-court identification is trustworthy? What are the five factors used to test the reliability of an identification? What must the court first determine if a question is raised about the suggestiveness of a pretrial identification? If a court finds an identification procedure to be unnecessary and suggestive what must the court then determine?


Case Preparation

As a prosecutor/defense attorney, you will be confronted with witness identification testimony. Explain the accepted identification procedures, prepare a brief for excluding pre-trial identifications, and brief the Biggerscase to demonstrate the factors the Courts will consider as a part of their ruling on whether a proper identification process was in place and whether any violations of due process have occurred. As you prepare your brief remember to cite using APA, case law, and the applicable Constitutional and Federal Rules of Evidence that support your conclusion.