Negotiating Justice: The New Constitutional Spectrum of Plea Bargaining
Ken Strutin focuses on the impact of the Supreme Court’s decisions in Missouri v. Frye and Lafler v. Cooper, and the upcoming appeal in Burt v. Titlow in regard to placing plea bargaining front and center on the national stage. As a result, they have divided practitioners and scholars into two camps: (1) those who consider the rulings to be a new statement in the law of plea bargaining and right to effective assistance of counsel; and (2) those who believe they are only a restatement of established principles. These cases have generated interest in the centrality and regulation of plea bargaining, the ethics and effectiveness of defense counsel as negotiator, the oversight of prosecutors regarding charging decisions, sentence recommendations and pre-trial discovery, and the scope of federal habeas corpus review and remedies. Ken’s article is a comprehensive annotated guide to high court opinions, scholarship and commentary regarding the themes addressed by the Supreme Court in Lafler and Frye as well as their implications for the administration of criminal justice.