Title: Navigating a Legal Dilemma: A Student's Right to Legal Counsel in Disciplinary Hearings for Criminal Misbehavior
Abstract: INTRODUCTION 586 I. SCHOOL DISCIPLINARY PROCEDURAL DUE PROCESS 590 A. Rise of Procedural Due Process Protections in Schools ....... 590 B. The Approach of Codes and Courts to the Right to Counsel in Disciplinary Hearings 596 1. A Brief Survey of Disciplinary Codes 596 2. Courts’ Approach to the Right to Counsel in Disciplinary Proceedings 600 II. THE RIGHT TO APPOINTED COUNSEL: FROM FELONIES TO CONTEMPT OF COURT 603 A. Criminal Proceedings 603 B. Prison Disciplinary Proceedings 605 C. Juvenile Proceedings 607 D. Civil Hearings 608 E. Civil Contempt Hearings 610 III. CONSTITUTIONAL AVENUES TO AFFORDING COUNSEL IN SCHOOL DISCIPLINARY HEARINGS 612 A. Sixth Amendment Right to Counsel 612 B. An Essential Element of Due Process Under Mathews v. Eldridge Balancing 614 1. Dispensing with the Presumption Against Counsel 615
Publication Year: 2012
Publication Date: 2012-01-01
Language: en
Type: article
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Cited By Count: 3
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