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Legal Ethics and Professional Responsibility Commons™
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- Law School; Legal Education; Professional Responsibility; Legal Ethics; Legal Profession; Character and Fitness; American Bar Association; Professional identity; ABA Standard 303(b)(3); Character-based skills; Carnegie Report; Lawyering Skills (1)
- Non-Prosecution Agreements; Jeffrey Epstein; Crime Victims' Rights Act; USAO; Courtney Wild; Department of Justice; Office of Professional Responsibility; Prosecutorial Discretion; Professional Misconduct; Crime Victim Rights; Pre-Charge Proceedings; Unconscionability; Contract Law; Procedural Unconscionability; Substantive Unconscionability; Courtney Wild Crime Victims' Rights Reform Act (1)
- Sentencing; prosecutorial breach; breach of contract; contractual rights; plea bargain; guilty plea; right to cure; ineffectiveness of counsel; reasonable expectations; deferred remedy; fairness; collusion (1)
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Articles 1 - 3 of 3
Full-Text Articles in Legal Ethics and Professional Responsibility
Beyond “Hard” Skills: Teaching Outward- And Inward-Facing Character-Based Skills To 1ls In Light Of Aba Standard 303(B)(3)’S Professional Identity Requirement, Marni Goldstein Caputo, Kathleen Luz
Beyond “Hard” Skills: Teaching Outward- And Inward-Facing Character-Based Skills To 1ls In Light Of Aba Standard 303(B)(3)’S Professional Identity Requirement, Marni Goldstein Caputo, Kathleen Luz
Brooklyn Law Review
Newly adopted American Bar Association Standard 303(b)(3) requires law schools to provide “substantial opportunities to students for . . . the development of professional identity” throughout their three-year legal education. For 1Ls, the ideal place to start this process is in their lawyering skills classrooms, which is our domain at Boston University School of Law. Professional identity exploration necessarily requires students to look inward and outward to reflect upon their own role in the legal system and how they interact with others. In our classrooms, we divide what have been referred to as “soft” skills into two distinct categories—outward-facing and …
“A Tale Of National Disgrace”: Applying The Doctrine Of Unconscionability To Establish The Impermissibility Of Secret Non-Prosecution Agreements, Denna Fraley
Journal of Law and Policy
Crime victims are directly harmed by crime and therefore have a stake in, and should be treated as individual participants in the criminal justice process. In recognition of this, Congress passed the Crime Victims’ Rights Act (“CVRA”) in 2004 to enumerate specific rights afforded to crime victims, including the rights to confer with the prosecutor in the case, to be heard at public court proceedings involving a plea or sentencing, to be informed in a timely manner of a plea bargain or deferred prosecution agreement, and to be treated with fairness and respect. Whether the CVRA extends these rights to …
Plea Bargains, Prosecutorial Breach, And The Curious Right To Cure, Michael D. Cicchini
Plea Bargains, Prosecutorial Breach, And The Curious Right To Cure, Michael D. Cicchini
Brooklyn Law Review
When the prosecutor breaches a plea bargain—e.g., by recommending prison instead of the agreed-upon probation—the defendant is entitled to a remedy: either sentencing in front of a different judge or plea withdrawal. However, if defense counsel objects to the breach, the prosecutor may halfheartedly change the recommendation to probation. Most courts have held that to be an effective “cure”—even when the judge then sentences the defendant to prison, as the prosecutor originally recommended. The right to cure, which was intended for commercial sales contracts, fails miserably in the plea-bargain context. In the above example, the attempted cure is too late, …