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Covert Contingencies In The Right To The Assistance Of Counsel, Abraham S. Blumberg

Vanderbilt Law Review

On the basis of a sociological survey showing that a very large percentage of guilty pleas are induced by defense counsel, Professor Blumberg concludes that criminal justice is not structured on the adversary model which the Supreme Court's right to counsel decisions presuppose. He submits that the primary loyalty of defense counsel is to the criminal court "system," the informal organization of court officials on which they depend for their professional existence. He suggests further that the additional attorneys which will be required to implement the right to counsel decisions will simply serve to make the"system" more efficient in utilizing …