43.3k views
2 votes
A suspect has a Sixth Amendment right to have an attorney present at a lineup that is conducted after the preliminary hearing.

a) True

b) False

User Secondubly
by
7.4k points

1 Answer

2 votes

Final answer:

The statement is false as the Sixth Amendment does ensure the right to counsel at critical stages such as a post-charge lineup, as supported by Supreme Court decisions like Gideon v. Wainwright.

Step-by-step explanation:

The statement in question is false. Under the Sixth Amendment, a suspect has the right to have an attorney present during critical stages of the prosecution, which includes a lineup that occurs after formal charges have been filed.

However, the right to counsel during a post-charge lineup is governed by the decisions in United States Supreme Court cases, not explicitly by the text of the Sixth Amendment. The Supreme Court made it clear in cases like Gideon v. Wainwright that the right to counsel is fundamental and essential for a fair trial, and this would extend to post-indictment lineups.

User Vandita
by
7.2k points