what is the role of attorney at a pre-arrest lineup

by Orie Quigley 9 min read

Police officers and often a prosecutor attend lineups. A defense attorney may be present as well, because a suspect who has been formally charged with a crime has a right to be represented by a lawyer at a lineup. (Kirby v. Illinois, 406 U.S. 682 (1972).)

You criminal defense attorney's role at a line-up
line-up
A police lineup (in American English) or identity parade (in British English) is a process by which a crime victim or witness's putative identification of a suspect is confirmed to a level that can count as evidence at trial.
https://en.wikipedia.org › wiki › Police_lineup
is to witness, suggest, disagree and criticize. Since a defense attorney cannot act both as your lawyer and a witness, your criminal defense attorney should bring an investigator, paralegal or associate to serve as a possible trial witness to the events of the lineup.

Full Answer

What should a criminal defense attorney know about lineup procedures?

However, a person’s right to an attorney is not triggered at a photo array. If a suspect had a lawyer and he or she was not present during a physical lineup, the lawyer can attempt to have the identification at the lineup suppressed from evidence. One reason why it is important for a lawyer to be present during a physical lineup is to prevent bias or improper procedures.

Do suspects have a right to an attorney in a lineup?

The role of the suspect's attorney at a lineup is to. asked Apr 30, 2017 in Criminal Justice by Lassione. a. control the lineup. b. try to ensure the lineup is fair. c. participate in the lineup. d. protect the rights of everyone appearing at the lineup. core-introductory.

What happens at a police lineup?

Criminal defense attorneys observing lineup procedures should be careful to note the sex, race, physical features, clothing and age of lineup participants. Photo Array One significant difference between a lineup and photo array is that the defendant may not have a right to counsel to be present during the photo array. [8]

What happens at a full lineup in court?

has a criminal record he may be reluctant to take the stand and open up the admission of prior convictions. Moreover any protestations by the suspect of the fairness of the lineup made at trial are likely to be in vain; the jury’s choice is between the accused’s unsupported version and that of the police officers present.

Why is it important for a lawyer to be present at the lineup?

One reason why it is important for a lawyer to be present during a physical lineup is to prevent bias or improper procedures. A lawyer can put someone in the vicinity who has the suspect's legal interests in mind. The lawyer can help ensure that the suspect's rights are not violated during this process.

What is the role of legal counsel during a lineup?

JUSTIFICATION FOR THE PRESENCE OF THE DEFENSE ATTORNEY AT A POLICE LINEUP, SUGGESTIONS THE ATTORNEY MAY MAKE REGARDING THE COMPOSITION OR CONDUCT THE LINEUP, AND ATTORNEY PARTICIPATION ARE DISCUSSED.

Who may be present during a lineup?

A Full Lineup Police officers and often a prosecutor attend lineups. A defense attorney may be present as well, because a suspect who has been formally charged with a crime has a right to be represented by a lawyer at a lineup. (Kirby v. Illinois, 406 U.S. 682 (1972).)

Does the right to counsel exist at a lineup or Showup?

A person has a Sixth Amendment right to counsel at a lineup or showup undertaken "at or after initiation of adversary criminal proceedings--whether by way of formal charge, preliminary hearing, indictment, information, or arraignment." Moore v.Jan 22, 2020

Is a lineup is a form of interrogation?

A lineup or other face-to-face confrontation after the accused has been formally charged with an offense is considered a critical stage of the proceedings, therefore the accused has a right to have counsel present. What is the role of an attorney during a lineup? To make sure the procedure is fair.

What does the exclusionary rule say?

The exclusionary rule prevents the government from using most evidence gathered in violation of the United States Constitution. The decision in Mapp v. Ohio established that the exclusionary rule applies to evidence gained from an unreasonable search or seizure in violation of the Fourth Amendment.

What safeguards are required at a lineup?

The safeguards include presence of counsel at live lineups (if they are postindictment), opportunities for motions to suppress identifications, cross examination of identifying eyewitnesses, and expert testimony about the factors that influence eyewitness memory.

What is foil identification?

As mentioned previously, a foil identification occurs when the eyewitness incorrectly identifies a known innocent person as the perpetrator. Lastly, a false identification indicates a selection of the innocent suspect by the eyewitness.

What is the purpose of a police lineup?

A police lineup (in American English) or identity parade (in British English) is a process by which a crime victim or witness's putative identification of a suspect is confirmed to a level that can count as evidence at trial.

What is pre indictment lineup?

A lineup is a relatively formalized procedure wherein a suspect, who is generally already in custody, is placed among a group of other persons whose general appearance resembles the suspect. ... Illinois, which held that Wade-Gilbert did not created a right of counsel for pre-indictment lineups and United States v.

Which of the following occurs at the initial appearance in a criminal case?

Arraignment. A criminal defendant's first appearance on the formal charges before a judge. The defendant is formally charged and enters a plea of guilty, not guilty, or no contest.

What is a field showup?

Field show up means a procedure in which a suspect is detained shortly after the commission of a crime and who, based on his or her appearance, his or her distance from the crime scene, or other circumstantial evidence, is suspected of having just committed a crime.

Forcing The Issue

  • The police can typically force someone who has been arrested to participate in a lineup. Judges don't consider this a violation of the Fifth Amendment privilege against self-incrimination because, in a lineup, suspects don't provide "testimony." (United States v. Wade, 388 U.S. 218 (1967).) As …
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Demanding A Lineup

  • Laws in many states give suspects the right to demand a lineup. But suspects should think carefully—and, again, talk to an attorney—before doing so. The advantage of participating in a lineup is that eyewitnesses' failure to make a positive identification may cause the police to focus their investigation elsewhere. The disadvantage of mistaken identification is the flip side. (The d…
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contact?

  • One-way mirrors or bright lights typically make it impossible for suspects to see witnesses. Even if contact is possible, suspects definitely shouldn't try to talk to or otherwise interact with witnesses. Even a plaintive "Tell them I'm innocent" may lead to additional scrutiny from the witness and officers. The police may even construe a suspect's attempt to talk to a witness as intimidation a…
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Dress Code Enforced

  • The police can generally dictate what participants wear and say during a lineup. Dressing the lineup participants as the culprit was dressed, and having them speak words that the culprit used, can increase the likelihood that an eyewitness's identification (or failure to identify) is accurate. Of course, for the lineup to be fair, conditions must be the same for all participants. Example:Ann E…
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Talk to A Lawyer

  • Always enforce your right to counsel when facing a lineup request—or any other entreaty—from police. You should consult a knowledgeable lawyer before making any critical decisions in a criminal case. Your attorney can advise you of the nuances of the law, including how they apply to the facts of your case.
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