dc.contributor.author | King, Nancy J., 1958- | |
dc.date.accessioned | 2015-11-05T23:44:01Z | |
dc.date.available | 2015-11-05T23:44:01Z | |
dc.date.issued | 2013 | |
dc.identifier.citation | 51 Duquesne Law Review 647 (2013) | en_US |
dc.identifier.uri | http://hdl.handle.net/1803/7266 | |
dc.description | article published in law review | en_US |
dc.description.abstract | This essay addresses the growing use and enforcement of terms in plea agreements by which a defendant waives his right to attack his plea agreement on the basis of constitutionally deficient representation during negotiations leading to the agreement. Contrary to other commentators and some courts, I argue that the Constitution does not forbid the enforcement of such a waiver, and review steps a judge may have to take in order to ensure that a defendant’s express waiver of the right to effective representation during plea bargaining is knowing and voluntary. I also argue that although the Constitution does not prohibit judges from enforcing broad waivers of the right to attack a plea-based conviction on the basis of poor representation during bargaining, routine adoption and enforcement of such terms would be unwise, and suggest several strategies to avoid this result. | en_US |
dc.format.extent | 1 PDF (27 pages) | en_US |
dc.format.mimetype | application/pdf | |
dc.language.iso | en_US | en_US |
dc.publisher | Duquesne Law Review | en_US |
dc.subject | Plea agreements | en_US |
dc.subject | Deficient representation | en_US |
dc.subject | Effective representation | en_US |
dc.subject.lcsh | Plea bargaining -- United States | en_US |
dc.subject.lcsh | Lawyers -- Malpractice -- United States | en_US |
dc.subject.lcsh | Right to counsel -- United States | en_US |
dc.subject.lcsh | Appellate procedure -- United States | en_US |
dc.subject.lcsh | Waiver of appeal -- United States | en_US |
dc.subject.lcsh | Constitutional law -- United States | en_US |
dc.title | Plea Bargains that Waive Claims of Ineffective Assistance - Waiving Padilla and Fry | en_US |
dc.type | Article | en_US |