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Preferred term

presence of counsel safeguard and eyewitness identification  

Definition

  • The presence-of-counsel safeguard, provided by the Sixth Amendment of the United States Constitution, guarantees every defendant the right to an attorney both at trial and during pretrial proceedings, including live, postindictment lineups. The presence of an attorney at live, postindictment lineups serves to protect defendants from erroneous convictions resulting from mistaken eyewitness identifications by allowing attorneys to attend pretrial identifications, advise their client of their legal rights and obligations, oppose the use of suggestive lineup procedures, and observe and record any suggestive procedures used during the identification test. [Source: Encyclopedia of Psychology and Law; Presence of Counsel Safeguard and Eyewitness Identification]

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URI

https://concepts.sagepub.com/social-science/concept/presence_of_counsel_safeguard_and_eyewitness_identification

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