Justices’ Ruling Expands Rights of Accused in Plea Bargains

[MindMover]

Criminal defendants have a constitutional right to effective lawyers during plea negotiations, the Supreme Court ruled on Wednesday in a pair of 5-to-4 decisions.
Related

Sentencing Shift Gives New Leverage to Prosecutors (September 26, 2011)

Because about 95 percent of criminal convictions arise from guilty pleas, the decisions represent a vast expansion of judicial supervision of the criminal justice system.

“Criminal justice today is for the most part a system of pleas, not a system of trials,” Justice Anthony M. Kennedy wrote for the majority. “The right to adequate assistance of counsel cannot be defined or enforced without taking account of the central role plea bargaining takes in securing convictions and determining sentences.”

Justice Antonin Scalia took the unusual step of summarizing his dissents from the bench. “Today’s opinions open a whole new field of constitutionalized criminal procedure: federal plea-bargaining law,” he said.

http://www.nytimes.com/2012/03/22/us/supreme-court-says-defendants-have-right-to-good-lawyers.html?_r=1&partner=rss&emc=rss

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Thank you Supreme Court for protecting my right to counsel that is smarter than me........

[freshwest]

1. They must expect a few republicans to do perp walks. Suddenly, they want to protect defendants.

Things are getting closer to home, maybe?

[Comrade Grumpy]

2. Plea bargains are the dirty lube (santorum) that keeps the criminal justice system going.

95% of all federal criminal cases end with plea bargains. Similar figures in the states.

Defendants need to be protected during these negotiations. Good for the high court.

[1StrongBlackMan]

3. So True ...

Many years ago, while in law school, I volunteered in a Public Defenders Office. I heard a seasoned PD mentoring a newly minted attorney who was absolutely overwhelmed by her case load. His advice to her was for her to take all of her cases and after a thorough review she was to divide them up into 3 piles: Pile 1) those that she felt strongly about and believed that she could win (but limited the number of cases in this pile to no more than 5); Pile 2) those that she knew she was going to lose; and Pile 3) those she was uncertain about. He advised his mentee to litigate Pile 1 with gusto. For Pile 2, she was to do or say whatever it took to convince the defendant to accept whatever pleas that was offered. For Pile 3, she was to draw her personal line and then cut a plea deal that came closest to the line. If the Prosecutor would budge towards her line, she was to prepare to litigate; while working to get a plea deal.

The mentor told her, "Sure ... some undeserving folks will go to jail; but that's going to happen anyway if you are too unfocused on those cases that you can actually win."

On that day, I lost a good measure of respect for the legal system.

[MindMover]

4. Way too many stories like this one and underscores my sincerity in my thank you.....

for this decision, however, the system is seriously dysfunctional because.....?