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MMLU / A criminal defendant went to trial and was convicted. After exhausting his…

Problem

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question

A criminal defendant went to trial and was convicted. After exhausting his appeals, he filed for post-conviction relief, alleging that he had been deprived of his Sixth Amendment right to the effective assistance of counsel. He established that his counsel had not advised him of the benefits of plea bargaining, and had withheld several offers for guilty pleas from the government. The offers expired for lack of a response. The sentence he received was at least seven to eight years more than if he had entered a guilty plea. Will the court likely decide that the defendant was denied the effective assistance of counsel?

choices

  1. Yes, because plea bargaining is a critical stage of a criminal case and an attorney who ignores that process is constitutionally ineffective.
  2. No, because plea bargaining is not a critical necessity in a criminal case and counsel has no duty to discuss such options with the defendant.
  3. When the defendant indicates he wants to fight the charges, there is no need for counsel to relay plea offers or discuss the options with him.
  4. Because this defendant was convicted at a fair trial he didn't lose any rights and was not prejudiced by his lawyer's mistakes.

subject

professional_law

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Source and history

task_id
8ed2a6d6-12a0-5aae-90cd-38481c7e00fe
task_key
all--test--8ed2a6d6-12a0-5aae-90cd-38481c7e00fe
task_revision_id
1
config / split
all / test

Official source

initial import