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Article
Lafler's Remedial Uncertainty: Prosecutors Can Rest Easy
Houston Law Review: HLRe (2013)
  • Darryl K. Brown
Abstract

Some worry that the Supreme Court's decisions in Lafler v. Cooper and Frye v. Missouri create for defendants an unfair opportunity to manipulate the criminal process. They can plead guilty and, if dissatisfied with the sentence, void the conviction on with evidence that their counsel was ineffective and thereafter exercise their right to trial. This brief essay explains why these worries are unfounded and the manipulation scenario highly implausible.

Keywords
  • Lafler,
  • Frye,
  • Ineffective Assistance,
  • Plea Bargaining,
  • Criminal Procedure
Disciplines
Publication Date
2013
Citation Information
Darryl K. Brown. "Lafler's Remedial Uncertainty: Prosecutors Can Rest Easy" Houston Law Review: HLRe Vol. 4 Iss. 1 (2013)
Available at: http://works.bepress.com/darrylbrown/19/