THE INADMISSIBILITY OF THE EVIDENCE ACQUIRED THROUGH EXTRALEGAL AWARDED COLLABORATION AND THE FUNDAMENTAL RIGHT TO WIDE DEFENSE: of the atypicality of the cooperation agreement and of the possibility of arguing defects by the third party involved.
Plea bargain. Legality. Concessions. Constraints to probative practice. Right to a fair trial. Revocation. Third party involved. Legitimacy and interest. Unlawfulness and inadmissibility of evidence.
This paper delves into the consequences that an acknowledgment and assertion of the atypicality of the extralegal plea bargain agreement, i.e., one whose concessions go beyond the legal constraints, may engender concerning the evidence gathered. It also assesses the likelihood that the third party involved file for revocation of the agreement and/or of the judge’s acceptance of the negotiated plea. The topicality of the subject, its practical relevance, and the lack of jurisprudence precedent regarding it converge to encourage further research that will bring forth a greater understanding of how evidence is gathered following the signing of a plea bargain.