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27 Berkeley J. Crim. L. 1 (2022)

handle is hein.journals/bjcl27 and id is 1 raw text is: Brady in the Plea Era: How U.S. v. Ruiz Should Be Reconstrued in Light of Missouri v. Frye and Lafler v. Cooper Sela Brown* Introduction....................................................................................... 2 I.The Right to Effective Assistance of Counsel Is Not Exclusively Tied to Trials...............................................................................6 II.Access to Impeachment Material at the Plea Negotiation Stage Is C ritical................................................................................... 8 A. The Supreme Court Recognizes Impeachment and Affirmative Exculpatory Evidence As Equally Important Brady Evidence ....................................................................8 B. Doctrinal Limitations on Disclosure of Impeachment Evidence at the Plea Stage Do Not Comport with the Reality of the Criminal Legal System .................................10 1. Ruiz's Emphasis on Efficiency Ignores the Purpose Behind Brady and the Reality of the Criminal Legal System..........................................................................11 2. Impeachment Evidence Is As Important As Exculpatory Evidence at the Plea Stage and Its Disclosure Does Not Require Additional Investigatory Work........................................................13 3. Despite the Efficiency Concern in Ruiz, Early Disclosure Has Not Hindered the Administration of Guilty Pleas...................................................................14 C. Early Disclosure Is Critical Because, As the Court Recognized in Frye and Lafler, the Criminal Legal System Is a System of Pleas................................................15 1. Criminal Cases Are Adjudicated Through Pleas, DOI: https://doi.org/10.15779/Z38G44HR6G Copyright © 2022 Regents of the University of California. * Sela Brown is a Berkeley Law graduate (Class of 2021) and a Fellow at the Office of the Appellate Defender in New York. The views expressed in this Article are her own and do not reflect the views of her employer. Special thanks to Professor Andrea Roth.

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