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Full-Text Articles in Law
Fear Of Adversariness: Using Gideon To Restrict Defendants' Invocation Of Adversary Procedures, Pamela R. Metzger
Fear Of Adversariness: Using Gideon To Restrict Defendants' Invocation Of Adversary Procedures, Pamela R. Metzger
Faculty Journal Articles and Book Chapters
Fifty years ago Gideon promised that an attorney would vindicate the constitutional rights of any accused too poor to afford an attorney. But Gideon also promised more. Writ small, Gideon promised to protect individual defendants; writ large, Gideon promised to protect our system of constitutional criminal procedure. Much has been written about Gideon’s broken promise to our poor; this Essay is about Gideon’s broken promise to our system.
With its army of zealous public defenders, Gideon should have produced litigation that vigorously protected the core structures of our adversary trial system. Instead, courts have converted Gideon representation into a Gideon …
Effective Remedies For Ineffective Assistance, Jenia I. Turner
Effective Remedies For Ineffective Assistance, Jenia I. Turner
Faculty Journal Articles and Book Chapters
In two recent cases, Missouri v. Frye and Lafler v. Cooper, the Supreme Court affirmed that criminal defendants have a right to competent counsel during plea bargaining. The Court also established that the injury caused by ineffective assistance is not mooted by the subsequent conviction of the defendant at trial. The cases were broadly celebrated for clarifying that the Sixth Amendment applies fully to plea bargaining — the standard process by which our justice system resolves criminal cases today.
The most significant and surprising part of Lafler, however, was the Court’s holding concerning remedies. The Court held that trial courts …