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Supreme Court: Defendants Entitled to Adequate Assistance During Plea Bargaining
The U.S. Supreme Court recently held that the Sixth Amendment guarantees criminal defendants the effective assistance of counsel during the negotiation and consideration of plea offers. In companion cases Missouri v. Frye, 132 S. Ct. 1399; 182 L. Ed. 2d 379; 2012 U.S. LEXIS 2321, and Lafler v. Cooper, 132 S. Ct. 1376; 182 L. Ed. 2d 398; 2012 U.S. LEXIS 2322, both 5-4 decisions, Justice Anthony Kennedy examined defense counsel's role in the plea bargaining process, focusing on what is required of counsel in advising clients of proposed plea bargains, and in what circumstances counsel's advice constitutes ineffective assistance. These rulings are likely to impact complex business crimes matters, where plea negotiations often play a pivotal role in the prosecution.
The Decisions
In Missouri v. Frye, defense counsel failed to advise his client of two plea offers, both of which would have resulted in a shorter prison term than that the defendant received after later pleading guilty. The Court found that counsel's failure to so advise his client violated the Sixth Amendment, and held that “as a general rule, defense counsel has the duty to communicate formal offers from the prosecution to accept a plea on terms and conditions that may be favorable to the accused.” Frye at 9.
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