Title

Plea Bargaining: Law After Lafler and Frye

Publication Title

Duquesne Law Review

Document Type

Article

Publication Date

1-1-2013

Abstract

In dissenting opinions in Lafler v. Cooper and Missouri v. Frye – two recent cases dealing with the application of the Sixth Amendment right to counsel to the plea bargaining process – Justice Scalia warned of the coming creation of a whole new field of constitutional criminal procedure: plea bargaining law. This symposium contribution assesses that prediction. It concludes that the Lafler and Frye cases do lay the groundwork for important, albeit incremental, expansion of constitutional protections to criminal defendants in the guilty plea process. In particular, it urges the extension of prosecutorial disclosure obligations to the guilty plea stage and increased restrictions on coercive bargaining practices by prosecutors seeking to induce defendants to plead guilty.

Comments

External Links
Westlaw
Lexis Advance
SSRN

Recommended Citation

Russell D. Covey, Plea Bargaining: Law After Lafler and Frye, 51 Duq. L. Rev. 595 (2013).

Volume

51

Issue

3

First Page

595

Last Page

624

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