Friday, December 21, 2012
Laurie L. Levenson (Loyola Law School Los Angeles) has posted Peeking Behind the Plea Bargaining Process (Loyola of Los Angeles Law Review, Forthcoming) on SSRN. Here is the abstract:
The Supreme Court’s rulings in Missouri v. Frye and Lafler v. Cooper, which recognized a defendant’s Sixth Amendment right to effective assistance of counsel in plea bargaining, creates new responsibilities for judges, defense counsel and prosecutors. This article explores what those responsibilities are in light of the history and role of plea bargaining in the United States.