All Tainted Evidence Falls
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- CRIMINAL1
Example wrong choices
19751_hymnal_delivery_lineup · CRIMINAL · Choice AThe lineup violation is cured if the witness was certain during the lineup.
Why it's attractive
The answer uses witness certainty as a cure for a counsel violation.
Why it's wrong
The answer uses witness certainty as a cure for a counsel violation.
19751_hymnal_delivery_lineup · CRIMINAL · Choice BEvery later identification is automatically excluded once a lineup counsel violation occurs.
Why it's attractive
The word every makes the remedy absolute.
Why it's wrong
The word every makes the remedy absolute.
19751_hymnal_delivery_lineup · CRIMINAL · Choice DThe lineup identification is admissible because the in-court identification might have an independent source.
Why it's attractive
The answer moves the independent-source idea to the wrong identification evidence.
Why it's wrong
The answer moves the independent-source idea to the wrong identification evidence.
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