NCJ Number
86547
Journal
American Criminal Law Review Volume: 20 Issue: 2 Dated: (Fall 1982) Pages: 227-258
Date Published
1982
Length
32 pages
Annotation
Disqualification motions have become one of the government's latest methods for expanding prosecutorial discretion.
Abstract
In the name of protecting the defendant's right to conflict-free counsel, prosecutors have sought to remove the most qualified attorneys from the defense and to enhance their ability to discover privileged material through evidentiary hearings on the alleged conflict. The authors conclude that these motions, when pressed over the client's waiver of impartial counsel, violate the defendant's fifth and sixth amendment rights and impair the ability to formulate an effective defense. (Publisher abstract)