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Full-Text Articles in Law
Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst
Forfeiture Of The Right To Counsel: A Doctrine Unhinged From The Constitution, Stephen A. Gerst
Cleveland State Law Review
The author contends that the doctrine of forfeiture of the right to assistance of counsel as a sanction for misconduct by a defendant towards the court or his counsel has no constitutional support in the principles that have defined the Sixth Amendment, is arbitrary in its application within the judicial system, and has become a refuge for courts, which have inadequately complied with established principles to protect fundamental rights.
The Police-Prosecutor Relationship And The No-Contact Rule: Conflicting Incentives After Montejo V. Louisiana And Maryland V. Shatzer, Caleb Mason
Cleveland State Law Review
In this paper, I examine the consequences of the divergence of ethical and constitutional rules, with particular attention to the institutional dynamics of criminal investigation and specifically the relationship between police and prosecutors. This relationship is of crucial importance because Montejo and Shatzer create a legal regime in which non-lawyer agents and officers may initiate investigative contact with represented defendants in circumstances in which prosecutors are absolutely forbidden to do so. This situation undermines the ability of prosecutors to effectively supervise the investigation of their cases and puts them in an untenable position when advising agents on the law.
Student Representation Of Indigent Defendants And The Sixth Amendment: On A Collision Course, Robert M. Hardaway
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 Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
The Right To Counsel And Due Process In Probation Revocation Proceedings: Gagnon V. Scarpelli, Douglas C. Jenkins
Cleveland State Law Review
On May 14, 1973, the worst fear of at least one commentator was borne out by the opinion of the Supreme Court in Gagnon v. Scarpelli. Justice Powell, writing for the Court, recognized certain due process rights of the individual who has been convicted and placed on probation. The Court refused to adopt a per se right to representation by counsel as an element of due process in probation revocation proceedings, however. The opinion has left the meaning and importance of due process in grave doubt, has retarded the progression of penal-correctional reform, and has insured a heavy docket for …
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Argersinger V. Hamlin - Right To Counsel Expanded To Include Offenses Which May Result In Imprisonment, Oliver Claypool Jr.
Cleveland State Law Review
On June 12, 1972, The United States Supreme Court held in Argersinger v. Hamlin, ... that absent a knowing and intelligent waiver, no person may be imprisoned for any offense, whether classified as petty, misdemeanor, or felony, unless he was represented by counsel at his trial. Although, all of the ramifications of this decision have not yet been felt, American Bar Association president, Robert W. Meserve has estimated that the decision will require the legal profession to provide representation in some additional two to four million cases per year for indigent defendants alone.
Right To Counsel In Criminal Cases, Edward T. Haggins
Right To Counsel In Criminal Cases, Edward T. Haggins
Cleveland State Law Review
"The right to be heard would be, in many cases, of little avail if it did not comprehend the right to be heard by counsel. Even the intelligent and educated layman has small and sometimes no skill in the science of law... He requires the guiding hand of counsel at every step of the proceedings against him." These words, written in 1932 by Mr. Justice Sutherland for the majority in the famous case of Powell v. Alabama underline the fundamental right of a defendant in American criminal proceeding to have the assistance of counsel.