Law Commons^™

Lafler's Remedial Uncertainty: Prosecutors Can Rest Easy, Darryl K. Brown

Darryl K. Brown

Some worry that the Supreme Court's decisions in Lafler v. Cooper and Frye v. Missouri create for defendants an unfair opportunity to manipulate the criminal process. They can plead guilty and, if dissatisfied with the sentence, void the conviction on with evidence that their counsel was ineffective and thereafter exercise their right to trial. This brief essay explains why these worries are unfounded and the manipulation scenario highly implausible.