Peter Westen

A Constitutional Law of Remedies for Broken Plea Bargains

In Santobello v. New York the Supreme Court held that a de/endant has a constitutional right to relie/ when the state breaches apromise made to him in returnfor a guiltyplea. Yet the Court re/rainedfrom deciding what remedies are constitutionally prescribed in such cases. The authors begin with the question of remedies, using it as a vehiclefor exploring the meaning of Santobello, and conclude with the suggestion that in a legal system where most convictions are based on guildypleas and most guiltypleas are based on bargained-for promises, the most important right of the criminaly accused may befound not in the law oftrialprocedure, but in the law of contracts.