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Full-Text Articles in Law

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway Jan 1980

Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway

Cleveland State Law Review

This article will review the parallel patterns of development of clinical education and the sixth amendment, highlighting areas in which the practices of the former either conflict, or contain the potential for conflict with the latter. An analysis will be made of the present legal status of law student representation of indigent criminal defendants, with reference primarily to constitutional and sixth amendment considerations, but also to such related matters as the confidentiality of student-client communications, law student professional responsibility, and the applicability to students of state bar disciplinary rules. Finally, guidelines will be proposed regarding the proper scope of student …


The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek Jan 1980

The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek

Cleveland State Law Review

This article will examine substantive and procedural considerations arising in connection with the representation of a putative defendant or a subpoenaed witness who may become exposed to criminal charges or contempt in the course of a grand jury investigation. Subtle as well as obvious applications of the fifth amendment privilege against self-incrimination will be addressed. In addition, certain problem areas will be explored such as whether a "target" of a grand jury investigation who is under subpoena can legally avoid an appearance, or whether illegally obtained evidence can be used to obtain an indictment, or whether and under what circumstances …


The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek Jan 1980

The Putative Defendant In A Federal Grand Jury Investigation, Edward F. Marek

Cleveland State Law Review

This article will examine substantive and procedural considerations arising in connection with the representation of a putative defendant or a subpoenaed witness who may become exposed to criminal charges or contempt in the course of a grand jury investigation. Subtle as well as obvious applications of the fifth amendment privilege against self-incrimination will be addressed. In addition, certain problem areas will be explored such as whether a "target" of a grand jury investigation who is under subpoena can legally avoid an appearance, or whether illegally obtained evidence can be used to obtain an indictment, or whether and under what circumstances …