Section 6.22 Waiver to Avoid Identification Reinforcement

• Library: Criminal Practice 2012 Supp

C. (§6.22) Waiver to Avoid Identification Reinforcement

In some cases, the identification of the defendant by the victim will be a major issue. It is suggested that in these cases counsel request in advance that the judge allow the defendant to remain seated in the courtroom with other persons during the hearing (i.e., in some other location than sitting at counsel table next to the defendant’s attorney after the case is called in open court—the obvious identifier). Counsel may even want to go so far as to request that the judge allow someone other than the defendant to sit at the counsel table. It is imperative, however, if counsel intends to substitute another individual for the defendant at the counsel table, that counsel notify the prosecutor in...