Open Access. Powered by Scholars. Published by Universities.®
- Keyword
-
- ABA Model Rule 3.8s (1)
- Autonomy (1)
- Criminal proceedings (1)
- Efficiency (1)
- Equality (1)
-
- Ethical responsibility (1)
- Exclusionary rule (1)
- Grand jury disclosure obligations (1)
- Grand jury reform (1)
- Legal Ethics (1)
- Negotiation (1)
- Plea bargaining (1)
- Professional conduct (1)
- Professional ethics (1)
- Prosecutorial disclosure (1)
- Prosecutorial discretion (1)
- Prosecutors (1)
- Transparency (1)
Articles 1 - 2 of 2
Full-Text Articles in Legal History
Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy
Some Reflections On Ethics And Plea Bargaining: An Essay In Honor Of Fred Zacharias, R. Michael Cassidy
R. Michael Cassidy
In this article the author explores what it means for a prosecutor to “do justice” in a plea bargaining context. Although the vast majority of criminal cases in the United States are resolved by guilty plea rather than by trial, ABA Model Rule 3.8, the special disciplinary rule applicable to prosecutors, has very little to say about plea bargaining. Scrutinizing the multiplicity of interests at stake in plea bargaining, the author suggests that a prosecutor’s primary objectives during negotiations should be efficiency, equality, autonomy, and transparency. After defining each of these terms, the author identifies several troublesome and recurring practices …
Toward A More Independent Grand Jury: Recasting And Enforcing The Prosecutor’S Duty To Disclose Exculpatory Evidence, R. Michael Cassidy
Toward A More Independent Grand Jury: Recasting And Enforcing The Prosecutor’S Duty To Disclose Exculpatory Evidence, R. Michael Cassidy
R. Michael Cassidy
This Article analyzes the Supreme Court’s decision in Williams, in which the Court struck down an attempt by the Tenth Circuit to impose an obligation on federal prosecutors to disclose substantial exculpatory evidence to the grand jury. The author discusses the contours of this case and the ethical underpinnings of a prosecutor’s disclosure obligations before the grand jury, and sets forth a new framework for consideration of such issues.