How the Decisions in Favor of the Stein Thirteen Will Affect the Litigation of Corporate Crime and Department of Justice Policies and Expand the sixth Amendment Right to Counsel

Authors

Christopher McNamara

Keywords

DOJ, white-collar crime, Sixth Amendment

Abstract

The U.S. Court of Appeals for the Second Circuit became the first appellate court in nearly thirty years to uphold the dismissal of criminal indictments for a Sixth Amendment right-to-counsel vilation. United States v. Stein is a unique case that intertwines constitutional interpretation, constitutional remedies, white collar crime, and U.S. Department of Justice (DOJ) policy. The immediate effects of the Stein decisions not only reflect the changing attitudes at the DOJ on how to prosecute white collar crime but have simultaneously caused the Doj to implement such changes. As the Sixth Amendment has developed and augmented such changes, so has interpretation of remedies when there is a righ-to-counsel violation. THis Note explores the Stein decisions in light of existing doctrines, and concludes that while certain parts of the decisions are legally sound, other parts-right or wrong-may present direct challenges to existing jurisprudence.

Recommended Citation

Christopher McNamara, How the Decisions in Favor of the Stein Thirteen Will Affect the Litigation of Corporate Crime and Department of Justice Policies and Expand the sixth Amendment Right to Counsel, 78 Fordham L. Rev. 933 (2009).
Available at: https://ir.lawnet.fordham.edu/flr/vol78/iss2/13