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 identifi cation procedure: “There is something ironic about the Court’s conclusion today that a pretrial lineup identifi cation is a ‘critical stage’ of the prosecution because counsel’s presence can help to compensate for the accused’s defi ciencies as an observer, but that a pretrial photographic identifi cation is not a ‘critical stage’ of the prosecution because the accused is not able to observe at all.”
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