skip navigation

PUBLICATIONS

Register for Latest Research

Stay Informed
Register with NCJRS to receive NCJRS's biweekly e-newsletter JUSTINFO and additional periodic emails from NCJRS and the NCJRS federal sponsors that highlight the latest research published or sponsored by the Office of Justice Programs.

NCJRS Abstract

The document referenced below is part of the NCJRS Virtual Library collection. To conduct further searches of the collection, visit the Virtual Library. See the Obtain Documents page for direction on how to access resources online, via mail, through interlibrary loans, or in a local library.

 

NCJ Number: 66215 Find in a Library
Title: ROLE OF DEFENSE COUNSEL AT LINEUPS
Journal: FBI LAW ENFORCEMENT BULLETIN  Volume:49  Issue:2  Dated:(FEBRUARY 1980)  Pages:23-27
Author(s): L E RISSLER
Corporate Author: Federal Bureau of Investigation
US Dept of Justice
United States of America
Date Published: 1980
Page Count: 5
Sponsoring Agency: Federal Bureau of Investigation
Washington, DC 20535-0001
National Institute of Justice/
Rockville, MD 20849
Sale Source: National Institute of Justice/
NCJRS paper reproduction
Box 6000, Dept F
Rockville, MD 20849
United States of America
Document: PDF
Publisher: https://www.fbi.gov 
Language: English
Country: United States of America
Annotation: 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.
Abstract: IN 1967, THE U.S. SUPREME COURT HELD IN UNITED STATES V. WADE THAT A DEFENDANT IS ENTITLED TO THE PRESENCE OF A DEFENSE COUNSEL WHEN THE DEFENDANT MUST APPEAR IN A POLICE LINEUP. PRESENCE OF COUNSEL IS REQUIRED TO MINIMIZE THE LIKELIHOOD OF MISIDENTIFICATIONS AND TO ENABLE COUNSEL TO INTELLIGENTLY CHALLENGE SUBSEQUENT IDENTIFICATION TESTIMONY. IF DEFENSE COUNSEL IS DENIED A PROPER ROLE TO COUNSEL ENSUES, WHICH CAN RESULT IN THE SUPPRESSION OF EYEWITNESS TESTIMONY. IF COUNSEL FAILS TO APPEAR, OFFICERS SHOULD ATTEMPT TO SECURE A WAIVER OF COUNSEL FORM FROM THE ACCUSED OR LOCATE A SUBSTITUTE LAWYER. IF THE SUSPECT REFUSES TO WAIVE COUNSEL AND SUBSTITUTE COUNSEL IS UNAVAILABLE, A 'PHOTO LINEUP' IS A POSSIBILITY. ATTORNEYS SHOULD BE ALLOWED TO MAKE SUGGESTIONS REGARDING THE COMPOSITION AND CONDUCT OF THE LINEUP PRIOR TO ITS COMMENCEMENT. AFTER THE LINEUP HAS BEGUN, ATTORNEYS SHOULD FUNCTION AS OBSERVERS ONLY. THEY SHOULD NOT BE PERMITTED TO CONVERSE WITH LINEUP PARTICIPANTS OR WITNESSES OR TO DISRUPT THE LINEUP. WITNESSES ARE ADVISED TO MAKE THE IDENTIFICATION ATTEMPT DURING THE ACTUAL CONFRONTATION, WHEN DEFENSE COUNSEL IS PRESENT. HOWEVER, IF THE ATTEMPT AT IDENTIFICATION TAKES PLACE LATER IN THE POSTLINEUP INTERVIEW, THE DEFENSE ATTORNEY MAY BE EXCLUDED. THE PROSECUTION IS UNDER NO CONSTITUTIONAL DUTY TO FURNISH TO THE DEFENSE THE NAMES AND ADDRESSES OF LINEUP WITNESSES. FOOTNOTES ARE PROVIDED. (AUTHOR ABSTRACT MODIFIED--LWM)
Index Term(s): Defense counsel; Defense counsel effectiveness; Line-up; Mug shots; Suspect identification; Witnesses
To cite this abstract, use the following link:
http://www.ncjrs.gov/App/publications/abstract.aspx?ID=66215

*A link to the full-text document is provided whenever possible. For documents not available online, a link to the publisher's website is provided. Tell us how you use the NCJRS Library and Abstracts Database - send us your feedback.