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Full-Text Articles in Law
Advising Noncitizen Defendants On The Immigration Consequences Of Criminal Convictions: The Ethical Answer For The Criminal Defense Lawyer, The Court, And The Sixth Amendment, Yolanda Vazquez
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This Article discusses the tension between the Sixth Amendment analysis by courts on the issue of immigration consequences of criminal convictions and the moral and ethical duties that an attorney owes his noncitizen client. Under the majority of jurisdictions, federal circuit and state courts hold that there is no duty to advise on this issue because they are deemed to be “collateral”. However, a growing number of these jurisdictions have begun to find a Sixth Amendment violation for failure to advise. These jurisdictions have created a Sixth Amendment duty only when: 1) the attorney “knew or should have known” the …
The Need For Prosecutorial Discretion, Stephanos Bibas
The Need For Prosecutorial Discretion, Stephanos Bibas
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No abstract provided.
The Ethic Of High Expectations, Jean Galbraith
The Ethic Of High Expectations, Jean Galbraith
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No abstract provided.