In United States v. Wade, and companion cases, the Supreme Court of the United States focused constitutional attention on pretrial identification procedures, and, after a comprehensive examination of the area decided that pretrial identification procedures were a critical stage in the proceedings against an accused and that thereby the sixth amendment right to counsel applied to the states as incorporated by the due process clause of the fourteenth amendment. Thus, the court indicated that pretrial identification proceedings, conducted after June 12, 1967, will receive judicial scrutiny before any such pretrial identification evidence is admissible in court. The purpose of this comment is twofold. First, it seeks to clarify the present state of the law involving pretrial identification proceedings in light of the impact of these decisions by discussing what counsel may and may not do when representing a client who is to be subjected to a pretrial identification proceeding. Second, it urges the adoption of reforms vitally necessary for the welfare of the state, its law enforcement officials, and the bar.
John W. Atwood,
The Right to Counsel During Pretrial Identification Proceedings—An Examination,
47 Neb. L. Rev. 740
Available at: http://digitalcommons.unl.edu/nlr/vol47/iss4/8