In Cooper, the defendant rejected the government’s plea offer based on his lawyer’s incorrect advice on the standard for attempted murder and was convicted at trial. In Frye, the defendant’s lawyer failed to inform him of the government’s misdemeanor plea offer, after which he pleaded guilty to a felony. Both defendants received sentences that were much higher than the plea offers.
Citing standards for competent representation in the ABA Model Rules of Professional Conduct and the ABA Criminal Justice Standards, the ABA argues that subsequent constitutionally sufficient proceedings, such as a fair trial in Cooper’s case or a court’s acceptance of a guilty plea in Frye’s case, do not remedy a violation of a defendant’s constitutional rights at the critical plea stage.
The brief also asserts that when ineffective assistance causes a defendant to lose the benefit of an advantageous plea bargain, the court should have discretion to fashion a remedy that is reasonably calculated to place the defendant insofar as possible in the position he would have been in had his Sixth Amendment rights not been violated.
“The fact that nearly 95% of criminal convictions now result from guilty pleas makes it all the more important that defendants considering a guilty plea should have competent counsel,” the brief states.
The brief is available here.
With nearly 400,000 members, the American Bar Association is the world’s largest voluntary professional membership organization. As the national voice of the legal profession, the ABA works to improve the administration of justice, promotes programs that assist lawyers and judges in their work, accredits law schools, provides continuing legal education, and works to build public understanding around the world of the importance of the rule of law.
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