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

Sixth Amendment--Pretrial Identification and the Right to Counsel

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...

Right to Counsel in Juvenile Court 50 Years After In re Gault.

The 20th century U.S. Supreme Court advanced the Constitutional rights of adult criminal defendants. Although far reaching in their impact, these constitutional protections were not afforded to juveniles. For example, the Supreme Court held in Gideon v. Wainwright (1963) that indigent adult defendants in felony cases have a right to counsel as a matter of due process, but did not extend this ri...

حقوق دفاعی متهم در «دوران تحت نظر» در قانون آیین دادرسی کیفری و بررسی تطبیقی آن با حقوق انگلستان

Taking the accused into surveillance by police officers in witnessed crimes is one of the most important authorities of them. Certainly giving this authority to police officers, which leads to the denial of freedom of accused for movement in limited time, is based on the efforts in order to achieve principal interests as finding out the truth and reveal the fact in criminal cases as well obtain...