The current criminal practice “is for the most part a system of pleas, not a system of trials.” Those are the words of Justice Anthony M. Kennedy writing for the majority in two decisions handed down by the U.S. Supreme Court on March 21.
This is a realistic but sad commentary on a system once known for great advocacy. The two decisions present troublesome issues regarding defense counsel’s conduct and advice on dealing with guilty plea offers. The decisions are troublesome for the courts and prosecutors, as well as defense counsel.
