If the right to counsel is denied during a lineup, under which circumstances will an in-court eyewitness identification be allowed?

Question

Quizplus · Accepted Answer

If the right to counsel is denied during a lineup, an in-court eyewitness identification will only be allowed if the state can provide clear and convincing evidence that the in-court identification is not the product of the earlier identification. This standard was established by the Supreme Court in United States v. Wade (1967) and Gilbert v. California (1967) to protect the defendant's due process rights. This means that the in-court identification must be based on independent sources, such as the witness's memory of the events, and not solely on the earlier lineup identification, which may have been influenced by the absence of counsel.

If the Right to Counsel Is Denied During a Lineup