Abstracts » Law

Criminal law; taking the Fifth

Article Abstract:

Mitchell v. United States was a 1997 3d Circuit case in which the defendant pleaded guilty to cocaine distribution within 1,000 feet of a school or playground. She reserved the right to contest the amount of cocaine distributed although she waived, for purposes of her guilty plea, her right to remain silent about her involvement in the conspiracy. The judge proclaimed at sentencing that his inference from the defendant's silence that the government's estimate of the amount of cocaine sold was correct. The Supreme Court has granted certiorari in this case.

Defense (Criminal procedure), Self-incrimination, Self incrimination

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Criminal law; the fading privilege

Article Abstract:

The effect on criminal law of judicial decreasing the attorney-client privilege is discussed. Clients and their counsel now have only a minimal shield. Exceptions to the privilege allow prosecutors to target defense attorneys for information concerning clients. Case law is discussed.

Practice, Confidential communications, Attorney-client privilege, Criminal law

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Criminal law; pardon me

Article Abstract:

The negative consequences remaining even after a pardon are discussed and can include professional disciplinary action, civil liability, impeachment, or use as an aggravated factor in sentencing. The social consequences of a pardon also remain.

Pardon, Pardons

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