MCOLES State Licensing Practice Exam

Can an attorney be present during a photo lineup?

1. Yes, in all situations

2. No, only in corporeal lineups

3. Depends on the crime

4. Yes, but only after arraignment

The correct answer is: No, only in corporeal lineups

In the context of photo lineups, the presence of an attorney is governed by specific legal standards. The correct answer indicates that an attorney may only be present during corporeal lineups, which involve presenting live individuals for identification, rather than during photo lineups. The rationale behind this is connected to the right to counsel, which is firmly established in constitutional law. The U.S. Supreme Court has determined that the right to counsel during a lineup applies when the defendant is facing potential charges and the procedure is considered a critical stage of the legal process. In corporeal lineups, the defendant's rights are actively engaged, thus necessitating the presence of an attorney. In the case of photo lineups, while they are an important aspect of identifying suspects, they do not carry the same level of risk of misidentification due to the nature of how the identification is conducted compared to corporeal lineups. Consequently, the legal protections linked to the right to counsel are not replicable in the same manner, allowing for the absence of an attorney during photo lineups. Understanding this legal nuance is critical for grasping the implications of due process and the right to fair representation throughout the identification phases in the criminal justice system.