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A prosecutor emails defense counsel a formal offer for two years in prison. Counsel forgets to tell the defendant, the offer expires, and the defendant later receives eight years after trial.
What is the best Sixth Amendment rule?

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Prosecutors have no duty to make plea offers, so counsel never has duties about offers. A defendant must prove he would have been acquitted at trial to show plea-offer prejudice. Defense counsel can be deficient by failing to communicate a formal favorable plea offer if prejudice is shown. Plea bargaining is outside the Sixth Amendment because it occurs before trial.

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