Tuesday, May 20, 2008
Charles S. Doskow (La Verne) & Kevin S. Marshall (La Verne) have published Prosecutorial Interference with the Right to Counsel and the KPMG Prosecution: An Analysis from a Constitutional, Ethical, and Economic Perspective, 24 T.M. Cooley L. Rev. 195 (2007). Here is part of the Introduction:
This Article addresses the DOJ's conduct with respect to its interference with the right to counsel of KPMG's individually targeted employees. We analyze such conduct from (1) a constitutional perspective; (2) a professional-responsibility perspective; and (3) an efficiency perspective driven by notions of classical liberalism that underlie and permeate our adversarial system of justice, as well as our laissez-faire commercial republic. We conclude that such conduct violates of the Fifth and Sixth Amendments, challenges the professional responsibility of the Attorney General, and ultimately obstructs the perceived efficiencies of our adversarial system of justice.