[notafraudster]

I was bummed to see the examples, which I reproduce here to highlight their obviousness (or their, uh, being noncontroversial):

1. Can a lawyer who suspects the opposing party of breaking an agreement engage in plain-clothes trickery to figure out if that's true? Yes.

2. Is a lawyer obligated to essentially testify [respond to a judge's inquiry] in a manner that incriminates their client based on private information? No, thought when they do respond to the inquiry they should be vague rather than affirmatively lying.

3. Do prosecutors need to drop charges if, after a plea deal is signed, information comes up that would inhibit prosecuting the case in the absence of a plea deal? No, but this feels scummy.

[beervirus]

I think 3 turns on the fact that this is more specific than just “information that would inhibit prosecuting the case.” That would include exculpatory evidence, which the prosecutor would have to turn over.

[sooheon]

If a fact need not be disclosed in the midst of prosecution, why is it a requirement to prosecute in the first place?

[vkou]

It's a soft requirement, because the witness will be 'necessary'[1] in court in the particular circumstances of this particular crime. If the prosecutor had a stronger case (Say, a different witness, or CCTV evidence, etc, etc, etc), then this particular witness would not be necessary.

[1] In the opinion of the average criminal lawyer, assuming that the case is litigated correctly, and that the jury isn't entirely composed of utter mouth-drooling morons prejudiced against the defendant.

[aaron695]

> No, but this feels scummy.

I don't get the it's bad implied in the article.

Let's say it's a rape, and the victim dies, what's really changed?

You can hate the idea of plea bargains, but that's a different topic.

They admit they are guilty, so proceed on.

If it means they are screwed in challenging it later or in sentencing it might matter, but it doesn't seem the case.

Otherwise, very boring examples. Nicola Gobbo was a criminal lawyer and a police informant at the same time, but hasn't been charged with anything, I feel like there would be a interesting example in there somewhere. https://en.wikipedia.org/wiki/Nicola_Gobbo