Mental Processes In Identifying Strangers

Decent Essays
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. Memories can be influenced by time, emotion, prejudices, and intentions. It is important to understand how the mind processes memories and how that could apply to criminal justice. Psychologists separate memory into three phases: acquisition of memory, retention of memory, and retrieval of memory [1]. Acquisition of memory is when information is first received in the mind. Retention of memory is the period of time between acquisition and retrieval: this is an on-going process of storing this information, and when memories can be influenced most. Lastly,…show more content…
This could include any proceeding related to the case except for the trial, such as grand jury proceedings or bail hearings. Second, the exception of cross-examination, which is when this evidence is used by the government to prove the suspect is guilty [1]. Third, the attenuation exception highlights using illegally obtained evidence only if it makes the government’s case weaker [2]. Fourth would be the use of an independent source: when the evidence will be admissible unless law enforcement breaks the law in order to discover the evidence [2]. This is also known as the good-faith exception, meaning the officer truly and honestly did not believe they were acting unlawfully. Lastly, inevitable discovery is used when law enforcement will eventually find the evidence under constitutional means…show more content…
The first element subjective tests utilize is that the subject had no intention of committing the crime until the government encouraged them to do so [1]. For example, an undercover officer created a relationship with someone, then asked them to buy drugs, refusing until they eventually did. The second element would be that the crime was committed due to the encouragement of the government [1].
6. Is there a constitutional right to the exclusionary rule and the defense of entrapment? Explain your answer. The Constitution does not mention the exclusionary rule or the defense of entrapment, as there was not a need to include them at the time. These legal guidelines were created as devices to protect Constitutional rights: particularly the Fourth and Sixth Amendments. Not having these as explicit Constitutional rights allow judges to use their discretion in determining whats appropriate to use in individual cases.
7. Identify the two elements of the qualified immunity defense, and explain why the test is so easy for officers to
Get Access