Forfeiture of the Right to Counsel: A Doctrine Unhinged from the Constitution

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 jud...

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Bibliographic Details
Main Author: Gerst, Stephen A. (Author)
Format: Electronic Book
Language:English
Published: 2010
In:Year: 2010
Online Access: Volltext (kostenfrei)
Check availability: HBZ Gateway
Description
Summary: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