Amend Rule 11 to Require Disclosure

Authors

Peter A. Joy
Kevin C. McMunigal, Case Western University School of LawFollow

Abstract

The Department of Justice under the Bush administration opposed such an amendment to Federal Rule of Criminal Procedure 11 and took a very restrictive attitude toward prosecutorial disclosure in the guilty plea context in United States v. Ruiz, 536 U.S. 622 (2002), the first and only U.S. Supreme Court case to address Brady disclosure in the guilty plea context. We encourage Attorney General Holder and the current Department of Justice to rethink its position on guilty plea disclosure and support the amendment of Rule 11.

Keywords

Litigation, Evidence, Rule 11

Publication Date

2009

Document Type

Article

Place of Original Publication

Criminal Justice

Publication Information

24 (3) Criminal Justice 59 (2009)

Repository Citation

Joy, Peter A. and McMunigal, Kevin C., "Amend Rule 11 to Require Disclosure" (2009). Faculty Publications. 842.
https://scholarlycommons.law.case.edu/faculty_publications/842