Abstract

http://ssrn.com/abstract=2283210
 


 



Plea-Bargaining Law after Lafler and Frye


Russell D. Covey


Georgia State University College of Law

2013

Duquesne University Law Review, Vol. 51, 2013
Georgia State University College of Law, Legal Studies Research Paper No. 2013-17

Abstract:     
In dissenting opinions in Lafler v. Cooper and Missouri v. Frye – two recent cases dealing with the application of the Sixth Amendment right to counsel to the plea bargaining process – Justice Scalia warned of the coming creation of a whole new field of constitutional criminal procedure: plea bargaining law. This symposium contribution assesses that prediction. It concludes that the Lafler and Frye cases do lay the groundwork for important, albeit incremental, expansion of constitutional protections to criminal defendants in the guilty plea process. In particular, it urges the extension of prosecutorial disclosure obligations to the guilty plea stage and increased restrictions on coercive bargaining practices by prosecutors seeking to induce defendants to plead guilty.

Number of Pages in PDF File: 30

Keywords: plea bargaining, right to counsel, constitution, criminal law, criminal procedure, guilty, coercive bargaining, Supreme Court, constitutional criminal procedure, guilty pleas

JEL Classification: K14, K30, K39, K40, K41

Accepted Paper Series


Download This Paper

Date posted: June 23, 2013 ; Last revised: August 20, 2013

Suggested Citation

Covey, Russell D., Plea-Bargaining Law after Lafler and Frye (2013). Duquesne University Law Review, Vol. 51, 2013; Georgia State University College of Law, Legal Studies Research Paper No. 2013-17. Available at SSRN: http://ssrn.com/abstract=2283210

Contact Information

Russell D. Covey (Contact Author)
Georgia State University College of Law ( email )
P.O. Box 4037
Atlanta, GA 30302-4037
United States
404-4413-9182 (Phone)
404-413-9225 (Fax)
Feedback to SSRN


Paper statistics
Abstract Views: 221
Downloads: 62
Download Rank: 208,559

© 2014 Social Science Electronic Publishing, Inc. All Rights Reserved.  FAQ   Terms of Use   Privacy Policy   Copyright   Contact Us
This page was processed by apollo2 in 0.313 seconds