CRIMINAL PROCEDURE - RIGHT TO COUNSEL AT THE PRE-INDICTMENT LINEUP

• NCJ Number: 12766
• Journal: Arkansas Law Review Volume: 27 Issue: 1 Dated: (SPRING 1973) Pages: 162-168
• Author(s): J M MAY
• Date Published: 1973
• Length: 7 pages
• Corporate Author: University of Arkansas
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

SUPREME COURT DECISION RESTRICTS SIXTH AMENDMENT RIGHT TO COUNSEL TO POST-INDICTMENT SUSPECT IDENTIFICATION LINEUPS.

Abstract

AUTHOR CONTENDS THAT RESTRICTIVE APPLICATION OF RIGHT TO COUNSEL AT LINEUPS IS ARBITRARY AND IGNORES THE BASIC DANGER OF LINEUPS PREVIOUSLY ENUNCIATED BY THE COURT-THE INHERENT DANGER OF UNNECESSARY SUGGESTION WHICH IS CONDUCIVE TO IRREPARABLE MISTAKEN IDENTIFICATION. ONLY IF COUNSEL IS PRESENT AT THE LINEUP IRREGARDLESS OF WHEN IT OCCURS, CAN THE ALLEGED INJUSTICE BE RECONSTRUCTED IN COURT FOR REVIEW.