Lafler, Frye, and the Subtle Art of Winning by Losing
In: Federal Sentencing Reporter, Band 25, Heft 2, S. 126-130
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In: Federal Sentencing Reporter, Band 25, Heft 2, S. 126-130
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In Missouri v. Frye and Lafler v. Cooper, the Supreme Court confirmed that the Sixth Amendment right to counsel applies to the plea negotiation process and held that prejudicial error can flow from ineffective plea advice. The defense community has applauded these decisions for recognizing the pivotal role that guilty pleas play in our criminal justice system and for requiring a minimum level of efficacy in plea lawyering. In this brief essay, I suggest that Frye and Lafler are victories for the defense community in yet another way. The decisions reflect judicial realism, and in this respect, they are especially important cases for systemic public defense litigation. Courts confronted with these suits in the past have stymied reform efforts by approaching these suits in a formalistic way, sending plaintiffs either to seek a post-conviction remedy or legislative redress, neither of which are practical options. Frye and Lafler, because they are grounded in the reality of today's criminal justice system, may provide critical leverage to lawyers asking courts for systemic relief.
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In: Duquesne University School of Law Research Paper No. 2013-02
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Working paper
In: Florida Law Review, Band 66, S. 823
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In: The urban lawyer: the national journal on state and local government law, Band 41, Heft 4, S. 834-836
ISSN: 0042-0905
In: International law reports, Band 20, S. 166-166
ISSN: 2633-707X
Territorial Waters — Fisheries in — Fishing in Violation of Regulations — Effect on Norwegian Courts of Judgment of the International Court of Justice in the Anglo-Norwegian Fisheries Case.
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In: The urban lawyer: the national journal on state and local government law, Band 37, Heft 3, S. 633
ISSN: 0042-0905
In: George Washington Law Review On the Docket, Band 88
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In: Georgetown Law Journal, Band 107
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Working paper
In: University of Arkansas at Little Rock Law Review, Band 41, Heft 2
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In: 48 Wake Forest L. Rev. 949 (2013)
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In: Harvard Law Review, Band 126, S. 150
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n Lafler v. Cooper, Justice Kennedy, writing for the majority of the Supreme Court, noted that "criminal justice today is for the most part a system of pleas, not a system of trials. Ninety-seven percent of federal convictions and ninety-four percent of state convictions are the result of guilty pleas." These numbers have not been consistent: the percentage of criminal defendants opting to plead guilty has only risen over the years. A defendant who pleads guilty forgoes the possibility of being acquitted and therefore receiving no punishment. A right to trial is in part a right to seek to avoid punishment. Americans interested in the legal system and foreign legislators and lawyers should be skeptical of a system in which more than ninety percent of defendants waive their right to a trial. This post was originally published on the Cardozo International & Comparative Law Review website on October 1, 2021. The original post can be accessed via the Archived Link button above.
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