CrimProf Blog

Editor: Kevin Cole
Univ. of San Diego School of Law

Wednesday, April 24, 2013

Marceau on Gideon's Shadow

Marceau justinJustin F. Marceau (University of Denver Sturm College of Law) has posted Gideon's Shadow (Yale Law Journal, Forthcoming) on SSRN. Here is the abstract:

The right to counsel is regarded as a right without peer, even in a field of litigation saturated with constitutional protections. But from this elevated, elite-right status, the right to counsel casts a shadow over the other, less prominent criminal procedure rights. Elaborating on this paradoxical aspect of the Gideon right – that the very prominence of the right tends to dilute other rights, or at least justify limitations on non-Gideon rights – this essay analyzes the judicial and scholarly practice of employing the counsel right as a cudgel to curb other rights.

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