Which of the following is false about a post-indictment identification procedure where counsel is not present?
A. The denial of counsel effectively results in an illegal identification procedure.
B. The court will not allow an in-court identification of the defendant even if the witness's ability to identify a person is based on an independent source.
C. The testimony that is a result of a denial of counsel is excluded from reference to it at trial.
D. The denial of counsel during a post-indictment identification procedure is a violation of a defendant's Sixth Amendment rights.
Answer: B
You might also like to view...
In regards to stratified policing, which activity facilitates action-oriented accountability at the line level for evidence-based strategies implemented for immediate and short-term problems?
a. Problem-Oriented Policing b. Monthly meetings c. Daily roll calls d. Incidents
This type of private attorney is paid by the government with jurisdiction over the case to represent indigent defendants
a. public defender b. assigned counsel c. contract attorney d. legal aid attorney
What statement best describes the Court’s decision in Sweatt v. Painter?
A. The Court ruled in favor of the University of Texas Law School based on the “separate but equal” doctrine established in Plessy. B. The Court ruled Sweatt should be admitted to the Texas Law School because the law school for Black students was not equal to the law school for White students. C. The Court overturned Plessy, arguing that it did not matter if the two facilities were equal or not because segregation implied inferiority. D. The Court ruled in favor of the Texas Law School, arguing its decision not to admit Sweatt passed the “strict scrutiny” test.
Labeling theory holds that deviance is not a quality of the act because it
a. is the result of personality factors associated with committing deviance. b. is the result of the application by others of rules and sanctions to one labeled deviant. c. is a consequence of the violation of the criminal code and being caught. d. reflects a condition of anomie for those trapped in social structure.