About | HeinOnline Law Journal Library | HeinOnline Law Journal Library | HeinOnline

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.

What Is HeinOnline?

HeinOnline is a subscription-based resource containing nearly 3,000 academic and legal journals from inception; complete coverage of government documents such as U.S. Statutes at Large, U.S. Code, Federal Register, Code of Federal Regulations, U.S. Reports, and much more. Documents are image-based, fully searchable PDFs with the authority of print combined with the accessibility of a user-friendly and powerful database. For more information, request a quote or trial for your organization below.



Short-term subscription options include 24 hours, 48 hours, or 1 week to HeinOnline with pricing starting as low as $29.95

Contact us for annual subscription options:

Already a HeinOnline Subscriber?

profiles profiles most