Forfeiture by Guilty Plea--A Reply

Authors

Peter Westen, University of Michigan Law SchoolFollow

Abstract

I will begin by describing what I think Professor Saltzburg and I both mean by a ''legal theory." I then apply that standard to test the validity of the two theories at issue here, first Professor Saltzburg's, then mine. I next discuss a third theory that is independent of both Professor Saltzburg's and mine, viz., that whether a constitutional claim survives a guilty plea depends on whether it is ''jurisdictional." Finally, I comment generally on the concept of forfeiture and its influence on the way one conceives of constitutional rights.

Recommended Citation

Peter Westen, Forfeiture by Guilty Plea--A Reply, 76 Mich. L. Rev. 1308 (1978).
Available at: https://repository.law.umich.edu/mlr/vol76/iss8/3