This article responds to these questions by focusing on the primary roots of this justice issue, namely the prevalence of guiltypleas and the continued efforts of legislatures to increase the life- long price of a conviction. Part I begins with a discussion of these practical realities within the criminal justice system. Part II then examines the law of guilty pleas under the Fifth Amendment, including constitutional standards for valid pleas, and how current jurisprudence fails to account for the collateral consequences mentioned in Part I. Part II also discusses the right to effective assistance of counsel under the Sixth Amendment, post-Padillaand Frye, and concludes that the spirit of both cases is the increased notice of collateral consequences, albeit through defense counsel. Part III describes the current state of the law on the right to counsel and analyzes the merits and shortcomings of ex-panding the right to counsel in order to address the problem of collateral consequences. Finally, Part IV offers a few solutions that are more systemic in nature, in contrast to total reliance on the attorney-client relationship, and that involve the judiciary and prosecutors. Part IV also proposes new disclosure obligations for the judiciary and the prosecution because any system-wide solution to the growing effect of collateral consequences must in- clude the various players involved.
Brian M. Murray,
Beyond the Right to Counsel: Increasing Notice of Collateral Consequences,
U. Rich. L. Rev.
Available at: https://scholarship.richmond.edu/lawreview/vol49/iss4/7