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Effective Plea Bargaining Counsel
Fifty years ago, Clarence Earl Gideon needed an effective trial attorney. The Supreme Court agreed with Gideon that the Sixth Amendment guaranteed him the right to counsel at trial. Recently, Galin Frye and Anthony Cooper also needed effective representation. These two men, unlike Gideon, wanted to plead guilty and thus needed effective plea bargaining counsel. However, their attorneys failed to represent them effectively, and the Supreme Court - recognizing the reality that ninety-five percent of all convictions follow guilty pleas and not trials - ruled in favor of Frye and Cooper.If negotiation is a critical stage in a system that consists almost entirely of bargaining, is there a constitutional right to the effective assistance of plea bargaining counsel? If so, is it possible to define the contours of such a right? The concept of a right to an effective bargainer seems radical, yet obvious; fraught with difficulties, yet in urgent need of greater attention. In this Essay, I argue that the Court's broad statements in Missouri v. Frye, Lafler v. Cooper and its 2010 decision in Padilla v. Kentucky about the critical role defense counsel plays in plea negotiations strongly support a right to effective plea bargaining counsel. Any right to effective bargaining should be judged - as other ineffective assistance claims are judged - by counsel's success or failure in following prevailing professional norms. The essay discusses the numerous professional standards that support the notion that defense counsel should act effectively when the prosecution seeks to negotiate and should initiate negotiations when the prosecution fails to do so, if it serves the client's goals. The objections to constitutional regulation of plea bargaining include the claims that negotiation is a nuanced art conducted behind closed doors that is difficult to capture in standards and that regulating bargaining will open floodgates to future litigation. While real, these are manageable challenges that do not outweigh the need to give meaning to the constitutional right to effective counsel. After all, in a criminal justice system that is largely composed of plea bargains, what is effective assistance of counsel if it does not encompass effectiveness within the plea negotiation process?
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Trackers
Trackers
Trackers matches the quality of any mainstream resource and gives struggling readers the motivation and interest to want to read. Trackers also teaches and practises more of the key reading skills than any other SEN course, e.g. high frequency words, phonics, syntax and semantics, whilst complementing and extending the Additional Literacy Support (DFES) and Further Literacy Support (DFES) initiatives. The teaching support, high quality PCMs in the Teacher's Guides to Reading Booklets, hasbeen written for the range of adults who work with struggling readers.
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Living Things
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Read Write Inc
Read Write Inc
Read Write Inc. Spelling has been developed by Ruth Miskin for the new curriculum to ensure each child is prepared for the spelling component of the Year 6 Grammar, Punctuation and Spelling Test. It comprises engaging online resources; Practice Books with a range of activities; Log Books to track progress; and a comprehensive Teaching Handbook.
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Freeing Noah
Freeing Noah
WA author / child occupational therapist. Part journal - part instruction manual on alternative methods of communicating with autistic children.
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Rollercoasters: Tightrope Reading Guide
Rollercoasters: Tightrope Reading Guide
When Ashley climbs up and graffiti tags a wall in the middle of the night, she has no idea how serious the consequences will be. Someone sees her, someone dangerous. Now Ashley is being watched... and followed. The Reading Guide provides students with a magazine-format approach to the text, packed with engaging activities and background information.
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Samurai Warriors
Samurai Warriors
Traces the history of Japan's feudal system and discusses the roles, functions, and duties of the samurai warriors.
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Romeo and Juliet
Romeo and Juliet
BL Full accessible notes ideal for students BL Additional information and reading lists BL A range of llustrations, both decorative and explanatory BL A school edition that is both accessible and academically rigorous BL OSS range also includes Romeo and Juliet Reading Guide and OxBox to support study of the text BL Provide essential background material for students BL A reusable booklet with magazine-style feel to engage students BL A useful 'way in' to various aspects of the play BL A flexible resource that can be used throughout the study of the play
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Ourselves
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