Keywords
prejudice, lee v. united states, supreme court, law
Document Type
Article
Abstract
This paper discusses the 2017 case of Lee v. United States, in which the U.S. Supreme Court held for the first time that a defendant had been prejudiced by his counsel’s misinformation about the deportation consequences of a guilty plea. The Lee case marks a significant step in the Court’s recognition of ineffective assistance of counsel claims and criminal defendants’ right to receive accurate legal advice when deciding whether to accept a plea offer. The Court’s journey to Lee is examined, beginning with its declaration in 1985 that the test for ineffective assistance of counsel claims, established in Strickland v. Washington, applies in the context of plea bargains. The possible implications of Lee are also considered, including reflection on language in the case that appears to provide for widespread relief to defendants but which could conversely lead to a narrow interpretation and application of Lee.
Recommended Citation
Watson, Michelle M. and Worsely, Melanie K.
(2018)
"Finding Prejudice: Ineffective Assistance of Counsel in Lee v. United States,"
Journal of Criminal Justice and Law: Vol. 2:
Iss.
1, Article 4.
Available at:
https://research.library.kutztown.edu/jcjl/vol2/iss1/4