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22 Conn. L. Rev. 373 (1989-1990)
The Right to Counsel at Videotaped Lineups: An Emerging Dilemma

handle is hein.journals/conlr22 and id is 383 raw text is: THE RIGHT TO COUNSEL AT VIDEOTAPED LINEUPS: AN EMERGING DILEMMA William Pena Wells* Brian L. Cutler** I. INTRODUCTION Advances in technology often bring us marvelous benefits, while at the same time creating serious legal dilemmas. The use of videotaped lineups for criminal identifications is an example of this phenomenon. Videotape has already demonstrated its convenience and relative accu- racy when used to conduct lineups of criminal suspects in pretrial pro- ceedings. The ease and convenience of video for this purpose make it probable that the new technology will soon supplant the currently prev- alent use of physical lineups and photographic displays for criminal identifications. Such use of this relatively new technology, however, is certain to face serious constitutional challenges based on a defendant's sixth amendment right to have the Assistance of Counsel for his de- fence,' the fifth amendment privilege against self-incrimination,2 and the fifth and fourteenth amendments' guarantees of due process.3 The current law on the general right to counsel at lineups is re- flected in United States v. Wade,4 where the United States Supreme Court held that a defendant's sixth amendment right to counsel was violated when he was forced to participate in a post-indictment lineup without the presence of counsel.5 Since that decision, however, the Court has limited the general right to counsel by denying that an ac- cused has a right to counsel at post-indictment photographic identifica- * B.A., Florida International University; J.D., University of Miami School of Law. Mr. Wells is currently in private practice in Miami, Florida. ** Assistant Professor of Psychology, Florida International University. B.A., University of Rochester; M.A., State University of New York at Geneseo; Ph.D., University of Wisconsin. 1. US. CONsT. amend. VI. 2. U.S. CoNr. amend. V. 3. US. CoNsr. amend. V; id. amend. XIV, § 1. 4. 388 U.S. 218 (1967). 5. Id. at 236-38.

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