Prosecutorial Disclosure of Exculpatory Information During Plea Negotiations
Undoubtedly most defendants who plead guilty (1) know the facts determining their criminal liability; and (2) are sincere when they confess their guilt in a guilty plea. In the balance of this column, though, we demonstrate that (1) some defendants pleading guilty lack such knowledge and sincerity and (2) we need critically to examine our assumptions about the knowledge and sincerity of defendants pleading guilty. Once we understand the knowledge and sincerity risks posed during guilty pleas, we can see how Brady disclosure in the guilty plea context would help reduce those risks
Exculpatory Informaiton, Plea Negotiations
Place of Original Publication
22 (1) Criminal Justice 42 (2007)
Joy, Peter A. and McMunigal, Kevin C., "Prosecutorial Disclosure of Exculpatory Information During Plea Negotiations" (2007). Faculty Publications. 839.
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