Sixth Amendment--Pretrial Identification and the Right to Counsel

Sixth Amendment--Paternalistic Override of Waiver of Right to Conflict-Free Counsel at Expense of Right to Counsel of One's Choice

A Comparison of Sentencing Outcomes for Defendants with Public Defenders Versus Retained Counsel in a Florida Circuit Court

The Sixth Amendment to the U.S. Constitution states that a criminal defendant has the right to counsel for his defense, and the Fourteenth Amendment states that defendants must be provided due process and equal protection under law. Despite this, it is unclear whether indigent defendants in the United States-who are disproportionately ethnic minorities-are receiving such protections when it com...

Representing Defendants on Charges of Economic Crime : Unethical When Done for a Fee

As prosecutors have increasingly invoked asset forfeiture laws in their war against crime, scholars have harshly criticized the use of forfeiture laws to seize attorneys' fees. In cases in which attorneys' fees are seized, prosecutors claim that defendants are paying their lawyers with the proceeds of criminal activity. For example, drug dealers might use the profits from cocaine or heroin sale...

Psychiatric justice.

In an era in which extensive judicial emphasis has been placed on "due process of law" in criminal proceedings, both in the federal courts and in the state courts, Dr. Szasz's book serves as a jarring reminder that in at least one vital area of the concept of due process, much remains to be done. The emerging definition of due process has enunciated the rights guaranteed the individual by the F...

Eighth Amendment--Pretrial Detention: What Will Become of the Innocent