Plea Bargaining In US Under Judicial Scrutiny

Author:Mr Patrick Ploeger, Marnix Somsen and Roan Lamp
Profession:De Brauw Blackstone Westbroek N.V.
 
FREE EXCERPT

The Sixth Amendment of the United States Constitution gives a criminal defendant a right to a fair trial. On 21 March 2012, the US Supreme Court ruled that this constitutional right also includes a right to an effective lawyer during plea bargaining negotiations. Consequently, the right of effective counsel in all parts of a criminal proceeding is strengthened by applying it to the entire plea bargaining process.

The US Supreme Court formulated this new standard in two recent cases (Missouri v Frye and Lafler v Cooper), in which legal advice of counsel led the defendant to reject a favourable plea bargain. The Supreme Court argued that had the lawyers counselled the defendants well, they would have taken the shorter sentence. To win a...

To continue reading

FREE SIGN UP