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'No Logical Stopping Point': The Consequences of Padilla v. Kentucky's Inevitable Expansion

26 Pages Posted: 20 May 2011  

Date Written: 2012

Abstract

In Padilla v. Kentucky, 130 S. Ct. 1473 (2010), the Supreme Court held that criminal defense attorneys must warn their non-citizen clients of the adverse immigration consequences that may result from a guilty plea. Lower federal courts will inevitably expand the rule from Padilla to apply to other so-called "collateral consequences" of guilty pleas. Although the extension of Padilla to more (or all) collateral consequences of guilty pleas would theoretically raise the standard of defense attorney effectiveness and thus benefit criminal defendants, the reality is that the cost of extension will likely outweigh the benefits, because the provision of effective assistance will become prohibitively costly. If "Padilla warnings" are ultimately required for all collateral consequences of a guilty plea, criminal lawyers will have a difficult time effectively assisting any of their clients.

Keywords: Padilla v. Kentucky, ineffective assistance of counsel, Sixth Amendment

Suggested Citation

Wikstrom, Derek, 'No Logical Stopping Point': The Consequences of Padilla v. Kentucky's Inevitable Expansion (2012). Northwestern University Law Review, Vol. 106, 2012. Available at SSRN: https://ssrn.com/abstract=1845815

Derek Wikstrom (Contact Author)

Northwestern University - Pritzker School of Law ( email )

375 E. Chicago Ave
Chicago, IL 60611
United States

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