Justice William

This is a discussion and not a major essay

Discuss the following quotation from Justice William J. Brennan’s dissenting opinion in United States v. Ash, 413 U.S. 300, 344 (1973), in which the U.S. Supreme Court held that there is no right to counsel at any photographic identification procedure: “There is something ironic about the Court’s conclusion today that a pretrial lineup identification is a ‘critical stage’ of the prosecution because counsel’s presence can help to compensate for the accused’s deficiencies as an observer, but that a pretrial photographic identification is not a ‘critical stage’ of the prosecution because the accused is not able to observe at all.”

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