criminal plea bargaining

Question 1

410(a)

Answer 1

(a) in a civil or criminal case, evidence of the following is not admissible against the defendant who made the plea or participated in the plea discussions:
(1) a guilty plea that was later withdrawn;
(2) a nolo contendere plea;
(3) a statement made during a proceeding on either of those pleas under Federal Rules of Criminal Procedure 11 or a comparable state procedure; or
(4) a statement made during plea discussions with an attorney for the prosecuting authority if the discussions did not result in a guilty plea or they resulted in a later-withdrawn guilty plea.

Question 2

410(b)

Answer 2

(b) the court may admit a statement described in Rule 410(a)(3) or (4):
(1) In any proceeding in which another statement made during the same plea or plea discussions has been introduced, if in fairness the statements ought to be considered together; or
(2) In a criminal proceeding for perjury or false statement, if the defendant made the statement:
Under oath,
On the record, and
With counsel present.