Title

Prosecutorial Disclosure of Exculpatory Information During Plea Negotiations

Abstract

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

Keywords

Exculpatory Informaiton, Plea Negotiations

Publication Date

2007

Document Type

Article

Place of Original Publication

Criminal Justice

Publication Information

22 (1) Criminal Justice 42 (2007)

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COinS Peter A. Joy Faculty Bio