_- CrimP 9 - Pleas Flashcards
Guilty plea must be….
Guilty plea must be VOLUNTARY and INTELLIGENT
Advising Defendants of the Charge, the Potential Penalty, and Their Rights
The judge must determine that the plea is voluntary and intelligent.
This must be done by addressing the defendant personally in open court on the record.
Specifically, the judge must be sure that the defendant knows and understands things such as:
• The nature of the charge to which the plea is offered and the crucial elements of the crime charged
• The maximum possible penalty and any mandatory minimum; and
• That the defendant has a right not to plead guilty and that if they do plead guilty, they waive the right to trial
BUT, Attorney may inform Defendant
Attorney May Inform Defendant of plea
The judge need not personally explain the elements of each charge to the defendant on the record; it is sufficient that the record reflects that the nature of the charge and the elements of the crime were explained to the defendant by their own counsel.
Remedy for a failure to meet the standards for taking a plea…
The remedy for a failure to meet the standards for taking a plea is withdrawal of the plea and pleading anew.
COLLATERAL ATTACKS ON GUILTY PLEAS AFTER SENTENCE:
A plea can be set aside….
Those pleas that are seen as an intelligent choice among a defendant’s alternatives are immune from collateral attack.
But a plea can be set aside for
(1) involuntariness (failure to meet standards for taking a plea),
(2) lack of jurisdiction,
(3) ineffective assistance of counsel, or
(4) failure to keep the plea bargain.
Reasons to set aside plea
- Involuntariness
- Lack of jurisdiction
- Ineffective assistance of counsel
- Failure to keep the plea bargain
PLEA BARGAINING: Who is plea bargain enforced against?
A plea bargain will be enforced against the prosecutor and the defen- dant, but not against the judge, who does not have to accept the plea.
A guilty plea is not involuntary merely because it was entered in response to the prosecution’s threat to charge the defendant with a more serious crime if they do not plead guilty.
There is no prosecutorial vindictiveness in charging a more serious offense when defen- dant demands a jury trial.
A guilty plea entered in response to the prosecution’s threat to charge the defendant with a more serious crime if they do not plead guilty.
Is it voluntary?
A guilty plea is not involuntary merely because it was entered in response to the prosecution’s threat to charge the defendant with a more serious crime if they do not plead guilty.
There is no prosecutorial vindictiveness in charging a more serious offense when defendant demands a jury trial.
PLEA BARGAINING
A plea bargain will be enforced against the prosecutor and the defen- dant, but not against the judge, who does not have to accept the plea.
A guilty plea is not involuntary merely because it was entered in response to the prosecution’s threat to charge the defendant with a more serious crime if they do not plead guilty.
There is no prosecutorial vindictiveness in charging a more serious offense when defendant demands a jury trial.
A plea bargain will be enforced against the ___ and the __, but not against the ___, who does not have to accept the plea.
A plea bargain will be enforced against the prosecutor and the defen- dant, but not against the judge, who does not have to accept the plea.
A guilty plea entered in response to the prosecution’s threat to charge the defendant with a more serious crime if they do not plead guilty. Voluntary?
A guilty plea is not involuntary merely because it was entered in response to the prosecution’s threat to charge the defendant with a more serious crime if they do not plead guilty.
There is no prosecutorial vindictiveness in charging a more serious offense when defendant demands a jury trial.
COLLATERAL EFFECTS OF GUILTY PLEAS:
Use of a guilty plea in other proceedings?
A guilty plea conviction may be used as a conviction in other proceedings when relevant (for example, as the basis for sentence enhancement).
However, a guilty plea neither admits the legality of incriminating evidence nor waives Fourth Amendment claims in a subsequent civil damages action.
