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Future of Criminal Defense Attorneys: Chilled Advocacy and Lessened Independence

NCJ Number
Journal of Crime and Justice Volume: 11 Issue: 1 Dated: (1988) Pages: 189-209
N G Kittel
Date Published
20 pages
Criminal defense attorneys are key actors in the criminal justice system and in American society.
Criminal defense attorneys believe that current practices and forces are severely attacking their independence, options, energy, and resources. This paper explores contemporary practices directed toward criminal defense attorneys such as contempt citations, bar association discipline, criminal prosecutions, disqualifications on grounds of conflict of interest, forfeiture of fees, and reporting of cash payments. The paper concludes with the concern that a continuance, acceptance, and institutionalization of these practices could lead to a defense bar characterized by chilled advocacy and lessened independence. 24 references. (Author abstract)