Plea Bargaining

Question 1

What amendment governs the plea bargaining process?

Answer 1

5th and 14th amendment: “nor shall any state deprive any person of life, liberty, or property, without due process of law…”

Question 2

What are the constitutional requirements for a guilt plea?

Answer 2

It must be knowing, voluntary and intelligent

Boykin

Question 3

What is needed for a knowing, voluntary, and intelligent plea?

Answer 3

1. That the defendant know what rights they are waiving
2. They must affirmatively waive the rights. No silence
3. The defendant must know the elements/nature of the crime they are pleading to (Henderson v Morgan)
4. The consequences of their plea

Question 4

Can a defendant plea guilty but not admit to the crime?

Answer 4

Yes. However, the court must find a factual basis for the plea

Alford

Question 5

When is a guilty plea coerced?

Answer 5

There might be coercion if the state threatens others if the defendant doesn’t take the plea

Bordenkircher

Question 6

Is the threat of a higher charge at trial coercion?

Answer 6

No. It is the prosecutor’s charging discretion

Bordenkircher

Question 7

What is the remedy when the Government breaks a plea agreement?

Answer 7

When the government breaks a plea, the lower courts get to decide, based on facts and circumstances, between specific performance or withdrawal

Santabello

Question 8

Is the prosecutor allowed to withdraw a plea after the defendant accepts?

Answer 8

Yes. The only constitutionally protected plea is on entered with the court. Once entered then the prosecutor is tied to it, otherwise they may withdraw it.

One cannot challenge a second accepted plea based on the 1st withdrawal

Mabry v Johnson

Question 9

Do brady rules of evidence apply for Plea Bargaining?

Answer 9

No. There is no requirement to turn over exculpatory or Brady material for Pleas, just that it is knowing, voluntary and intelligent

Ruiz