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[91WashLRev1705] The Antidemocratic Sixth Amendment

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dc.contributor.author Moore, Janet
dc.date.accessioned 2016-12-27T15:41:35Z
dc.date.available 2016-12-27T15:41:35Z
dc.date.issued 2016-12
dc.identifier.citation 91 Wash. L. Rev. 1705 (2016) en_US
dc.identifier.issn 0043-0617
dc.identifier.uri http://hdl.handle.net/1773.1/1641
dc.description Volume 91, Number 4, December 2016 en_US
dc.description.abstract Janet Moore, Associate Professor of Law, University of Cincinnati College of Law. Abstract: Criminal procedure experts often claim that poor people have no Sixth Amendment right to choose their criminal defense lawyers. These experts insist that the Supreme Court has reserved the Sixth Amendment right to choose for the small minority of defendants who can afford to hire counsel. This Article upends that conventional wisdom with new doctrinal, theoretical, and practical arguments supporting a Sixth Amendment right to choose for all defendants, including the overwhelming majority who are indigent. The Article’s fresh case analysis shows the Supreme Court’s “no-choice” statements are dicta, which the Court’s own reasoning and rulings refute. The Article’s new theoretical framework exposes the “no-choice” stance as an antidemocratic concentration of judicial power, which blocks pressure from poor people to strengthen the right to counsel. Finally, the Article addresses practical objections to an equal right of attorney choice with innovative strategies that promote meaningful choice for all defendants. en_US
dc.language.iso en_US en_US
dc.publisher Seattle: Washington Law Review, University of Washington School of Law en_US
dc.subject Article en_US
dc.title [91WashLRev1705] The Antidemocratic Sixth Amendment en_US
dc.title.alternative The Antidemocratic Sixth Amendment en_US
dc.type Article en_US
dc.rights.holder Copyright 2016 by Washington Law Review Association. en_US

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