23 Pages Posted: 11 Apr 2013
Date Written: April 10, 2013
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.
Suggested Citation: Suggested Citation
Marceau, Justin F., Gideon's Shadow (April 10, 2013). Yale Law Journal, Forthcoming; U Denver Legal Studies Research Paper No. 13-20. Available at SSRN: https://ssrn.com/abstract=2248366