CRIMINAL LAW - RIGHT TO COUNSEL - SIXTH AMENDMENT DOES NOT GRANT ACCUSED THE RIGHT TO COUNSEL AT PRETRIAL PHOTOGRAPHIC DISPLAY

• NCJ Number: 12619
• Journal: Vanderbilt Law Review Volume: 26 Issue: 6 Dated: (NOVEMBER 1973) Pages: 1323-1330
• Author(s): ANON
• Date Published: 1973
• Length: 8 pages
• Corporate Author: Vanderbilt University
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

SUPREME COURT CASE, UNITED STATES V. ASH, RESTRICTS RIGHT TO COUNSEL AT CERTAIN PRETRIAL STAGES OF THE CRIMINAL PROCESS.

Abstract

AUTHOR CONTENDS THAT REFUSAL OF THE U.S. SUPREME COURT TO GRANT A DEFENDANT THE RIGHT TO COUNSEL AT POST-INDICTMENT PHOTOGRAPHIC DISPLAYS IS A RETURN TO A REASONABLE CONCEPT OF THE PROPER ROLES OF COUNSEL IN THE CRIMINAL PROCESS. THE COURT MERELY REFUSED TO REQUIRE THAT ONE PARTY TO A CONTEST BE ALLOWED TO MONITOR PERSONALLY THE TRIAL PREPARATIONS OF THE OTHER. EFFECTIVE CROSS-EXAMINATION AND THE PROSECUTOR'S FAITHFULNESS TO HIS ETHICAL RESPONSIBILITY ARE THE ONLY MEANINGFUL PROTECTIONS FROM POSSIBLE ABUSIVE PRACTICES. RATHER THAN EXTEND THE RIGHT TO COUNSEL, COURTS WOULD MORE PROPERLY ENSURE THE DEFENDANT'S RIGHTS BY FOLLOWING THE MIRANDA MODEL AND PROMULGATING GUIDELINES TO ENSURE THE FAIRNESS AND ACCURACY OF PHOTOGRAPHIC IDENTIFICATION PROCEDURES.