Recognizing the dominance of plea bargains over trials in the criminal justice system, the U.S. Supreme Court voted, 5-4, on Wednesday to extend Sixth Amendment protections to the plea process and said defendants can sue their lawyers for ineffective assistance if they mishandle plea offers.
“Criminal justice today is for the most part a system of pleas, not trials,” wrote Justice Anthony Kennedy in one of a pair of landmark decisions. Because of the modern-day importance of plea bargains, Kennedy said, defense lawyers have significant responsibilities “that must be met to render the adequate assistance of counsel that the Sixth Amendment requires in the criminal process at critical stages.”
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