NCJ Number
113598
Journal
Journal of Drug Issues Volume: 18 Issue: 3 Dated: (Summer 1988) Pages: 421-436
Date Published
1988
Length
16 pages
Annotation
In the past two years since passage of the 1984 amendments as part of the Comprehensive Crime Control Act, government prosecutors have included defense counsel fees as forfeitable assets stemming from drug trafficking and organized crime prosecutions.
Abstract
This development has been described by affected defense counsel as having an 'arctic' effect upon their relationship with clients, as an abridgement of Sixth Amendment right to counsel, and as a deterrent to effective lawyering in this field. Prosecutors, on the contrary, have argued that a person can neither purchase a Rolls Royce nor a 'Rolls Royce class of attorney' with proceeds of criminality. This paper delineates the issues in this debate and their genesis as articulated in judicial opinions; interviews with prosecutors and leading defense attorneys in Los Angeles, Miami, and New York City; published articles; and transcripts of hearings held by bar associations. In addition to the fees issue, similar controversial issues, such as grand jury subpoenas of attorneys and cash reporting requirements placed on attorneys, are addressed. Particular attention is paid to the increased adversariness in this stratum of the criminal justice system, and to the impact these developments have and will have on the quality of justice in major drug trafficking and organized crime cases. 2 notes; 45 references. (Author abstract)