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Full-Text Articles in Law
In Defense Of Federalism: The Need For A Federal Institutional Defender Of State Interests, Kory A. Atkinson
In Defense Of Federalism: The Need For A Federal Institutional Defender Of State Interests, Kory A. Atkinson
Northern Illinois University Law Review
In Ring v. Arizona, 536 U.S. 584 (2002), the United States Supreme Court struck down the state of Arizona's death penalty procedure as violative of the Sixth Amendment's right to trial by jury. The Ring case is noteworthy because the Supreme Court upheld the identical procedure under the same constitutional provision twelve years earlier in Walton v. Arizona, 497 U.S. 639 (1990). The Ring case raises a serious constitutional issue because the high Court reaffirmed its decision upholding Arizona's death penalty procedure twice during those twelve years. The issue is this: what recourse does the state of Arizona have against …
Caplin & Drysdale, Chartered V. United States: Seizing Attorney Fees-Frozen Assets Or Frozen Justice? The Sixth Amendment Right To Counsel Of Choice Is Given The Cold Shoulder, Anthony G. Vella
Northern Illinois University Law Review
This note examines the United States Supreme Court decision that found confiscation of criminal defense attorney fees under RICO and the continuing criminal enterprise statutes is permissible under the sixth amendment. The Court's reasoning is presented in this note. The note analyzes the Court's decision through the eyes of the dissenters and other commentators opposed to the result. The author concludes that this decision has rendered the sixth amendment right to counsel of choice an insubstantial right and damaged the integrity of the adversary system in our courts.
The Illinois Bail Jumper's Statute, Sharon Santilli Broccoli
The Illinois Bail Jumper's Statute, Sharon Santilli Broccoli
Northern Illinois University Law Review
This legislative note focuses on the constitutional ramifications of complete trials in absentia and examines possible alternatives to this procedure.
Unequal Access To Separate Counsel: An Equal Protection Problem, N. S. Hudell
Unequal Access To Separate Counsel: An Equal Protection Problem, N. S. Hudell
Northern Illinois University Law Review
Explores joint representation of criminal co-defendants from the viewpoints of the ABA Code of Professional Responsibility and the sixth amendment right to effective assistance of counsel, suggesting that the presumption of effectiveness of joint counsel for indigent co-defendants constitutes a denial of equal protection.