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Legal Ethics and Professional Responsibility

Selected Works

R. Michael Cassidy

Criminal Law and Procedure

Articles 1 - 6 of 6

Full-Text Articles in Law

The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy Mar 2012

The Model Penal Code’S Wrong Turn: Renunciation As A Defense To Criminal Conspiracy, R. Michael Cassidy

R. Michael Cassidy

While the Model Penal Code was certainly one the most influential developments in criminal law in the past century, the American Law Institute (ALI) took a seriously wrong turn by recognizing a defense of “renunciation” to the crime of conspiracy. Under the Model Penal Code formulation, a member of a conspiracy who later disavows the agreement and thwarts its objective (for example, by notifying authorities of the planned crime in order to prevent its completion) is afforded a complete defense to conspiracy liability. This defense has enormous implications for crimes involving national security and terrorism, which are typically planned covertly …


Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy Dec 2010

Plea Bargaining, Discovery, And The Intractable Problem Of Impeachment Disclosures, R. Michael Cassidy

R. Michael Cassidy

In a criminal justice system where guilty pleas are the norm and trials the rare exception, the issue of how much discovery a defendant is entitled to before allocution has immense significance. This article examines the scope of a prosecutor’s obligation to disclose impeachment information before a guilty plea. This question has polarized the criminal bar and bedeviled the academic community since the Supreme Court’s controversial decision in United States v. Ruiz (2002). A critical feature of the debate has been the enduring schism between a prosecutor’s legal and ethical obligations – a gulf that the American Bar Association recently …


Case & Statute Comments, "Public Education And Crime: Supreme Court Backs States' Rights, R. Michael Cassidy Dec 1995

Case & Statute Comments, "Public Education And Crime: Supreme Court Backs States' Rights, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Massachusetts Grand Jury Practice, R. Michael Cassidy Dec 1991

Massachusetts Grand Jury Practice, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Case & Statute Comments, Search And Seizure-Search Warrants-Identification Of Confidential Informants, R. Michael Cassidy Feb 1991

Case & Statute Comments, Search And Seizure-Search Warrants-Identification Of Confidential Informants, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.


Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy Nov 1990

Case & Statute Comments, The New Massachusetts Drug Asset Forfeiture Law: A Dialogue, R. Michael Cassidy

R. Michael Cassidy

No abstract provided.