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NCJ Number: 31181 Find in a Library
Title: SUPREME COURT, THE DEFENSE ATTORNEY, AND THE GUILTY PLEA
Journal: UNIVERSITY OF COLORADO LAW REVIEW  Volume:47  Issue:1  Dated:(FALL 1975)  Pages:1-71
Author(s): A W ALSCHULER
Corporate Author: University of Colorado
School of Law
United States of America
Date Published: 1975
Page Count: 71
Sponsoring Agency: University of Colorado
Boulder, CO 80302
Format: Article
Language: English
Country: United States of America
Annotation: IN ANALYZING SIGNIFICANTLY RELEVANT SUPREME COURT DECISIONS, THIS ARTICLE ARGUES THAT THE COURT HAS ABANDONNED DESIRABLE CONCEPTS OF WAIVER IN GUILTY PLEA CASES AND GIVEN UNJUSTIFIED WEIGHT TO COUNSEL PRESENCE.
Abstract: THE ARTICLE ANALYZES THE SUPREME COURT'S GUILTY-PLEA TRILOGY (BRADY V. UNITED STATES, MCMANN V. RICHARDSON, AND PARKER V. NORTH CAROLINA) AS WELL AS A NUMBER OF SUBSEQUENT SUPREME COURT DECISIONS (INCLUDING TOLLETT V. HENDERSON, ROBINSON V. NEIL, BLACKLEDGE V. PERRY, ELLIS V. DYSON, AND LEFKOWITZ V. NEWSOME). A SECTION ON 'THE MERITS AND DEMERITS OF THE KNOWING WAIVER CONCEPT' EXPLORES PROBLEMS OF FINALITY AND HABEAS CORPUS JURISDICTION. IN CONSIDERING WHETHER A GUILTY PLEA SHOULD BE HELD INVOLUNTARY ONLY WHEN INDUCED BY A THREAT OF UNLAWFUL ACTION, THE ARTICLE EXAMINES THE HISTORY OF THE DOCTRINS OF UNCONSTITUTIONAL CONDITIONS, THE DOCTRINE OF DURESS IN PRIVATE CONTRACT CASES, THE LAW OF VOLUNTARINESS APPLICABLE TO OUT-OF-COURT CONFESSIONS, AND THE SUPREME COURT'S TREATMENT OF NON-GUILTY-PLEA WAIVERS OF CONSTITUTIONAL RIGHTS. AMONG THE OTHER TOPICS CONSIDERED ARE RETROACTIVITY IN CONSTITUTIONAL ADJUDICATION AND THE REQUIREMENT OF THE EFFECTIVE ASSISTANCE OF COUNSEL. (AUTHOR ABSTRACT MODIFIED)
Index Term(s): Confessions; Constitutional Rights/Civil Liberties; Defense counsel; Defense counsel effectiveness; Habeas corpus; Judicial decisions; Pleas; US Supreme Court
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http://www.ncjrs.gov/App/publications/abstract.aspx?ID=31181

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