Peeking Behind the Plea Bargaining Process is the title of this new paper by Laurie Levenson now available via SSRN. Here is the abstract:
The Supreme Court’s rulings in Missouri v. Frye and Lafler v. Cooper, which recognized a defendant’s Sixth Amendment right to effective assistance of counsel in plea bargaining, creates new responsibilities for judges, defense counsel and prosecutors. This article explores what those responsibilities are in light of the history and role of plea bargaining in the United States.
Professor Levenson is one of the nation’s best known law professors. This paper is an interesting read.