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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsThis is a big deal and really good SCOTUS Criminal Justice Decision
Defendants Entitled to Adequate Lawyer on Plea, Court Says
By Greg Stohr on March 21, 2012
The U.S. Supreme Court said for the first time that criminal defendants have a constitutional right to a competent lawyer when they are offered a chance to plead guilty in exchange for a reduced sentence.
Voting 5-4, the justices today sided with two men who say they received inadequate legal advice. One said his lawyer never told him of a plea offer, and the other said his attorney convinced him he couldnt be convicted of intent to murder because the victim was shot below the waist.
The cases divided the court along ideological lines, with Justice Anthony Kennedy joining the courts four Democratic appointees in the majority.
The right to adequate assistance of counsel cannot be defined or enforced without taking account of the central role plea bargaining plays in securing convictions and determining sentences, Kennedy wrote.
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http://www.businessweek.com/news/2012-03-21/defendants-entitled-to-adequate-lawyer-on-plea-court-says
Scalia had one hell of a hissy fit. teehee.
Mnemosyne
(21,363 posts)indepat
(20,899 posts)asses of Justices Roberts, Scalia, Alito, and Thomas is a victory for we the people.
cali
(114,904 posts)don't have complete control over Kennedy.
indepat
(20,899 posts)ring.
X_Digger
(18,585 posts)bluestate10
(10,942 posts)People, you are one fucking vote from constant disaster. Two justices Ginsberg and Scalia are aged and may not be on the bench at some point during the next Presidential term. Roberts has a medical issue that could see him die instantly. The fucking question that I have for Obama bashers is would you rather see a mythical President Romney or President Santorum replace departing justices? Wake up.