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"Status as Punishment: A Critical Guide to Padilla v. Kentucky"

By Douglas A. Berman

Thie title of this post is the title of this new piece by Gabriel Chin and Margaret Colgate Love now available via SSRN. Here is the abstract: There are only a handful of Supreme Court decisions in the past 50 years that can be said to have transformed the operation of the criminal justice system.  Padilla v. Kentucky may be such a case.  In Padilla, the Court ruled that criminal defense lawyers must advise their non-citizen clients considering a guilty plea that they are likely to be deported as a result. It is the first time the Court extended the Sixth Amendment right to counsel to a consequence of conviction that is not part of the court-imposed punishment.  The decision represents an important first step toward imposing constitutional discipline on the plea bargaining process...continue to full post

Full post as published by Sentencing Law and Policy on July 11, 2010 (boomark / email).