Considering more recent cases extending right to effective

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While Brady v. Maryland does not, yet, apply to plea bargaining, some argue it should. Considering more recent cases extending the right to effective assistance of counsel into the plea bargaining stage, it is not unreasonable to think that Brady might eventually apply there.

So, should it? Should prosecution be required to turn over all exculpatory evidence to the defense during plea negotiations? Further, should prosecutors be allowed to include, as part of a plea negotiations, a waiver that states the defendant gives up any right to exculpatory evidence?

Reference no: EM133905672

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