Where a Defendant Has Been Denied His or Her Sixth

question 48

Multiple Choice

Where a defendant has been denied his or her Sixth Amendment right to counsel during a post-indictment pretrial lineup the court will:

• A)Automatically reverse the conviction.
• B)Automatically order a new trial.
• C)First give the government the opportunity to establish by clear and convincing evidence that the pretrial lineup was not unnecessarily suggestive.
• D)First give the government the opportunity to establish by clear and convincing evidence that the in-court identification was based upon an independent source.

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Definitions:

Retrograde Amnesia

A loss of memory for events that occurred before a certain point in time, often due to brain injury or trauma.

Amnesia

The loss of memory.

Long-Term Potentiation

A long-lasting enhancement in signal transmission between two neurons that results from their simultaneous stimulation, which is believed to be a cellular mechanism underlying learning and memory.

Memory Process

The series of steps that include the encoding, storage, and retrieval of information within the brain.