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- Title
TOWARD ETHICAL PLEA BARGAINING.
- Authors
Hashimoto, Erica
- Abstract
The article discusses the author's argument regarding ethical standard which should be codified in the Rules of Professional Conduct in the U.S. The author proposed the Rule 3.8 of the Model Rules requiring prosecutors make disclosures to defense counsel of information tending to negate the guilt of the accused. The author focuses on the Supreme Court's decision in the U.S. v. Ruiz case that may be extended in the future to deny defendants who plead guilty. The author features the advantages of the Rule 3.8 to be applied to pre-plea disclosures and to be applied to all exculpatory and impeachment evidence.
- Subjects
UNITED States; PLEA bargaining; UNITED States. Supreme Court; UNITED States v. Ruiz (Supreme Court case); LEGAL evidence; ACTIONS &; defenses (Administrative law); CRIMINAL procedure; LEGAL judgments; TRUTHFULNESS &; falsehood; LAW
- Publication
Cardozo Law Review, 2008, Vol 30, Issue 3, p949
- ISSN
0270-5192
- Publication type
Article