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Source Due Process Identification Issues Complete Criminal Procedure List Matched to this deck.

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0 tracked cards Criminal Law and Procedure

After formal charges were filed, police conducted a live lineup without notifying defense counsel. The lineup violated the defendant's Sixth Amendment right to counsel. The prosecution still wants to use the witness's lineup identification and in-court identification.
Which remedy is most likely?

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The remedy is a civil fine against the witness only. The remedy for a Sixth Amendment violation at a post-charge lineup generally is exclusion of the lineup identification, with any in-court identification admitted only if supported by an independent source. The remedy is exclusion only if the prosecutor acted in bad faith. The remedy is admission of the identification because counsel violations never affect evidence.

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