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'Waiving' Goodbye to Rights: Plea Bargaining and the Defense Dilemma of Competent Representation


Jane Campbell Moriarty


Duquesne University - School of Law

Marisa E Main


affiliation not provided to SSRN

April 19, 2011

Hastings Constitutional Law Quarterly, Vol. 38, No. 4, 2011
Duquesne University School of Law Research Paper No. 2012-23

Abstract:     
The proposed amendments to the ABA Criminal Justice Standards for Prosecutors and Defense Lawyers ("Proposed Standards") address a number of problematic issues related to the roles of both prosecutors and defense attorneys. This Symposium Article considers waiver of rights in the context of the Standards, focusing on guilty pleas and the so-called "preconditions" that prosecutors generally require before even entertaining the defendant’s proffer, colloquially termed "Queen for a Day" agreements It reviews the development in the law since 1993, the changes in the practice since that time, and the proposed changes to the Standards. The article focuses on the complex obligations of criminal defense attorneys to investigate their cases and give competent advice to their clients in the shadow of proffers and pleas. It concludes that attorneys in this role face an almost insoluble dilemma and hopes that the Proposed Standards provide an important first step to resolving it.

Number of Pages in PDF File: 25

Keywords: ABA Criminal Justice Standards for Prosecutors and Defense Lawyers, Queen for a day agreements, waiver of rights, presumption of waivability

JEL Classification: K10, K14, K40

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Date posted: April 20, 2011 ; Last revised: April 27, 2012

Suggested Citation

Moriarty, Jane Campbell and Main, Marisa E, 'Waiving' Goodbye to Rights: Plea Bargaining and the Defense Dilemma of Competent Representation (April 19, 2011). Hastings Constitutional Law Quarterly, Vol. 38, No. 4, 2011; Duquesne University School of Law Research Paper No. 2012-23. Available at SSRN: http://ssrn.com/abstract=1815385

Contact Information

Jane C. Moriarty (Contact Author)
Duquesne University - School of Law ( email )
600 Forbes Avenue
Pittsburgh, PA 15282
United States

Marisa E Main
affiliation not provided to SSRN
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