The Sixth Amendment guarantee of counsel extends to plea negotiations.
Evidence
The Supreme Court has recognized that the Sixth Amendment’s guarantee of effective representation by counsel extends to plea bargaining; and when defense attorneys fail to represent them effectively in plea negotiations, defendants may seek a remedy from the courts.?? Advocates of plea bargaining deny that the strong pressure to cooperate undermines the vigorous representation of defendants. Prosecutors, they insist, expect defense counsel to pursue . — G. Alan Tarr, Judicial Process and Judicial…, 1817
Categorization
- DEFINE: Clarifies that ineffective-assistance doctrine now reaches the plea stage, broadening constitutional protection beyond trial.
- XREF: Connects to the course’s treatment of how constitutional guarantees are extended to new procedural contexts. — connects to: Gideon and Argersinger extended the right to counsel to indigent felony and jail defendants. — G. Alan Tarr, Judicial Process and Judicial…, 1650; Active trial judging extends into negotiating pleas and settlements between parties — G. Alan Tarr, Judicial Process and Judicial…, 568; Defendants may waive statutory appeal rights via plea agreements — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1120
Broader Connections
- Active trial judging extends into negotiating pleas and settlements between parties
#expands(0.95) — G. Alan Tarr, Judicial Process and Judicial…, 568 - Defendants may waive statutory appeal rights via plea agreements
#complicates(0.85) — Ruggero J. Aldisert, Agatha D. Aldisert, Logic for Lawyers- A Guide to Clear…, 1120