We found a match
Your institution may have access to this item. Find your institution then sign in to continue.
- Title
Exculpatory Evidence Pre-plea without Extending Brady.
- Authors
Sanders, Brian
- Abstract
Innocent defendants sometimes plead guilty. This is a problem. Some suggest fixing this problem with a constitutional requirement that prosecutors disclose exculpatory evidence before a defendant pleads guilty. A circuit split has thus developed concerning whether Brady, which requires disclosure of exculpatory evidence, extends to the pre-plea context. The Supreme Court’s jurisprudence, however, likely bars a constitutional requirement for pre-plea disclosure of exculpatory evidence. Faced with this exigency, this Comment argues that contract law should form the legal basis for pre-plea disclosure. Specifically, the contract doctrine of constructive fraud provides a suitable remedy. While big boy clauses, which defeat constructive fraud claims, initially appear disastrous to this regime, such clauses are likely the redeeming quality of a constructive fraud solution. To safeguard innocent defendants from using big boy clauses, this Comment suggests open bargaining and modifications to judicial plea colloquies.
- Subjects
EXCULPATORY evidence; GUILTY pleas; JURISPRUDENCE; FRAUD lawsuits; CLAUSES (Law)
- Publication
University of Chicago Law Review, 2019, Vol 86, Issue 8, p2243
- ISSN
0041-9494
- Publication type
Article