Explain the difference in the Court’s approach to requiring an attorney at a post-indictment lineup but not at a post-indictment photographic display. Do you agree with the Court’s approach?
What will be an ideal response?
Student responses should include that a lawyer is needed at a lineup to observe bias and suggestiveness and to effectively cross-examine the police at trial. In contrast, in a photographic display, the accused is not present, and there is no need for counsel. The defense attorney can guard against suggestiveness by inspecting the size and format of the photos and then has the opportunity to point out any bias to the jury. Student’s
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