Amendments: Rights of the Accused Practice Test

The Sixth Amendment jury trial right is violated by lineups, because only jurors may identify suspects; police identification procedures are unconstitutional substitutes.

The Fifth Amendment privilege against self-incrimination forbids lineups entirely, because appearing in person is testimonial evidence that cannot be compelled.

The Sixth Amendment right to counsel attaches after formal charges; United States v. Wade held post-indictment lineups are a critical stage requiring counsel.

The Fourth Amendment requires counsel at lineups because identification is a search, so any lineup without a warrant and attorney is automatically unconstitutional.

The Ninth Amendment unenumerated rights doctrine creates an absolute right to avoid identification procedures, regardless of whether charges have been filed.