Why might the presence of an attorney be required in a custodial lineup?

The requirement for an attorney's presence in a custodial lineup primarily serves the function of ensuring fairness throughout the process. In a custodial lineup, an individual is presented to potential witnesses or victims to identify whether they recognize the suspect as the perpetrator of a crime. This setting can be inherently stressful and potentially biased, which raises concerns about the integrity of the identification process.

Having an attorney present as a silent observer helps to safeguard the rights of the suspect and maintains the integrity of the lineup. The attorney can ensure that the procedures followed are in accordance with legal standards and that the suspect is treated justly. The attorney's role contributes to the protection of the suspect's constitutional rights, reduces the risk of coercion or suggestiveness during the lineup, and increases the likelihood that the identification process is fair and impartial.

The presence of an attorney does not involve advising the suspect on their responses or representing the victim's interests, nor is it primarily about facilitating the lineup itself. Instead, the focus remains on observing and ensuring the adherence to fair legal practices, which underscores the importance of an attorney's role in upholding justice during such critical moments.