Case Study Analysis: High Court Vs Defendant's Plea Bargain Rights

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This case study analysis focuses on one of two cases featured in the NPR story High Court Expands Defendant’s Plea Bargain Rights, March 2012.
In the case of Anthony Cooper, he was charged with assault with intent to murder. In March 2003 Mr. Cooper shot Kali Mundy four times. All four shots that hit Ms. Mundy were below the waist, she survived. Cooper was arrested and charged. The state of Michigan offered Cooper a plea bargain of 51-85 months if he pled guilty to Assault with Intent to Murder. On the advice of his lawyer, Cooper rejected the deal. His lawyer told him that Michigan law would not permit an attempted murder conviction for wounds that were below the waist. The lawyer was wrong. The lawyer was hoping that Cooper would receive …show more content…

If a defendant has a lawyer that can not or does not provide accurate information or advice the defendant has the right to prove that they would have accepted the initial plea deal if given proper counsel. I personally feel that this is a fair and just ruling. Although the NPR story highlights just two cases, I am sure that inept advice is given to many people all over the country on a daily basis. If you can not rely on your appointed/hired defense attorney to give you sound and accurate advice, how can you navigate your case? Most people are not familiar enough with the intricacies of the law to make an informed decision about whether to go to trial or accept a plea bargain. It could be difficult to circumvent the people that were ‘rolling the dice’ by going to trial and now want the initial plea deal because they are unhappy with the outcome of the trial. This could be avoided by making sure all plea deals are presented in writing or in open court on the record, so you can be sure that the defendant is aware of the deal and that they understand the terms and conditions of it. If a defendant decides to go to trial they should sign a copy of any plea deals that were offered, so they know that these deals will be off the table unless they can prove some sort of negligence by their

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