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NCJ Number: 31765 Find in a Library
Title: STATE RESPONSES TO KIRBY V UNITED STATES
Journal: WASHINGTON UNIVERSITY LAW QUARTERLY  Volume:1975  Issue:2  Dated:(1975)  Pages:423-446
Author(s): ANON
Corporate Author: Washington University
School of Law
United States of America
Date Published: 1975
Page Count: 24
Sponsoring Agency: Washington University
St Louis, MO 63130
Format: Article
Language: English
Country: United States of America
Annotation: IN THIS 1972 CASE, THE SUPREME COURT RESTRICTED THE RIGHT TO COUNSEL IN PRETRIAL CORPOREAL IDENTIFICATIONS TO THOSE PROCEDURES OCCURING AFTER THE INITIATION OF FORMAL JUDICIAL PROCEEDINGS AGAINST THE ACCUSED.
Abstract: THIS NOTE ATTEMPTS TO DETERMINE THE CURRENT STATUS OF THE RIGHT TO COUNSEL AT STATE IDENTIFICATION PROCEDURES, AND TO EVALUATE THE TREATMENT GIVEN KIRBY BY THE STATE COURTS. IT ALSO EXAMINES THE GENERAL BASIS OF THE RIGHT TO COUNSEL, THE DEVELOPMENT OF THE RIGHT TO COUNSEL IN THE CONTEXT OF CORPOREAL IDENTIFICATION PROCEDURES, AND ALTERNATIVES TO KIRBY WHICH THE STATE MIGHT ADOPT. ALTERNATIVES IDENTIFIED INCLUDE REJECTION OF THE DECISION, A BROAD INTERPRETATION OF THE LANGUAGE OF KIRBY AS TO WHEN CRIMINAL PROCEEDINGS BEGIN, AND APPLICATION OF THE MCNABB-MALLORY RULE, WHICH PROVIDES THAT AFTER AN ARREST, AN ACCUSED MUST BE BROUGHT BEFORE A MAGISTRATE WITHOUT UNNECESSARY DELAY. THE AUTHOR CONCLUDES, HOWEVER, THAT DUE TO THE EASE WITH WHICH LAW ENFORCEMENT OFFICIALS CAN CIRCUMVENT THE LIMITED PROTECTIONS REMAINING AFTER KIRBY, THE RIGHT TO COUNSEL AT MANY FEDERAL IDENTIFICATION CONFRONTATIONS IS DEAD. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Judicial decisions; Line-up; Right to counsel; Rights of the accused; State courts; Suspect identification; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31765

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