Title: Getting Brady Right: Why Extending Brady v. Maryland’s Trial Right to Plea Negotiations Better Protects a Defendant’s Constitutional Rights in the Modern Legal Era
Abstract: stakes are high . . . . [T]he injury a defendant which can be caused an unconstitutional suppression of exculpatory evidence is substantial, particularly if evidence is never uncovered.1I. IntroductionThe Sixth Amendment states that [i]n all criminal prosecutions, accused shall enjoy right a speedy and public trial.2 Additionally, accused is guaranteed (1) [assistance of [c]ounsel, (2) ability to be confronted with witnesses against him [or her], and (3) right to be informed of nature and cause of accusation.3 Finally, and arguably most importantly, Sixth Amendment states that accused may only be publically convicted of a crime by an impartial jury of his or her peers4 unanimously, and under conclusory determination of guilt beyond a reasonable doubt.5 Taken together, these protections and procedures constitute standard of American justice.6Unfortunately, American justice gold standard of yesterday is no longer standard of today. Instead of a justice of trials and juries guaranteed Sixth Amendment, today's American justice is a system of pleas.7 In 1996, roughly ninety-two percent of criminal convictions in federal cases came about either nolo contendere or guilty plea.8 In 2010, ninety-seven percent of federal convictions, and ninety-four percent of state convictions were obtained through guilty pleas.9 Needless say, plea bargaining has become central administration of criminal justice system.10This pleading phenomenon creates a significant problem: many of protections guaranteed under Constitution for defendants at trial are not extended plea bargaining-the phase where vast majority of criminal cases are being disposed. one manifestation of this problem is trial-based right originating from Brady v. Maryland.11 Under Brady, Supreme Court of United States determined that any failure prosecution disclose either (1) exculpatory or (2) evidence that is material either guilt or punishment is a violation of due process under Fourteenth Amendment.12 Although Brady is a clear and powerful asset for defendants, its reach and ramifications touch only criminal trials-not plea bargaining.13 In today's criminal justice system, where pleas and plea bargaining are norm, Brady's promise defendants rings hollow.In 2002, Supreme Court partially addressed this dilemma. The Court held in United States v. Ruiz that a guilty plea could not be vacated on account of a prosecutor's failure turn over evidence during plea negotiations.14 In other words, Court said that Brady's impeachment-evidence promise for defense could not be extended plea bargaining or plea deals.However, Ruiz court, was silent on whether Brady's exculpatory evidence promise extended plea deals.15 Despite Court's conservative conclusion in Ruiz, a Circuit split exists on whether a Brady violation occurs when prosecution fails divulge exculpatory evidence during plea negotiations.16 And the Supreme Court has not addressed question of whether Brady right exculpatory information, in contrast information, might be extended guilty plea context.17The purpose of this Comment is answer question Supreme Court has left unanswered regarding inclusion of exculpatory evidence during plea negotiations. To do so, Part II introduces Brady v. Maryland and its progeny, illustrating how rule has changed over time and how, declining extend Brady's holding plea negotiations, federal courts fail meet purposes that motivated Brady in first place: (1) protecting defendants, (2) safeguarding criminally innocent, and (3) conforming Federal Rules of Criminal Procedure. Part III details how Supreme Court sought remedy three problems noted above answering question of whether impeachment evidence should be disclosed during plea negotiations in United States v. …
Publication Year: 2016
Publication Date: 2016-09-01
Language: en
Type: article
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