11. Guilty Plea

Question 1

What is the purpose of a guilty plea?

Answer 1

Waiver of 6A right to jury trial

Intelligent choice among D’s alternatives from collateral attack

Question 2

What is required for Defendant to take guilty plea?

Answer 2

1) Voluntary + Intelligent
2) Judge must address D personally in open court ‘on the record’

3) Judge must ensure D understands
- Nature of charge + crucial elements of crime (UNLESS Attorney can explain)
- Penalty (minimum + maximum)
- Right to not plead guilty + resulting waiver of right to jury trial

Question 3

What is the purpose of a plea bargain?

Answer 3

Defendant enters plea bargain => Defendant has right to have bargain kept

Question 4

Who may plea bargains be enforced against?

Answer 4

Prosecutor

Defendant

NOT Judge
- NOT required to accept plea

Question 5

What happens if the plea bargain is not kept?

Answer 5

If Prosecutor fails to keep plea bargain => Court to decide either;

• Specific performance of plea agreement required
• Defendant can withdraw plea bargain

If Defendant fails to keep plea bargain
- Prosecutor can vacate plea + sentence

Question 6

Can a plea bargain be made involuntarily?

Answer 6

No

• Prosecution’s threat to more serious crime charge unless D enters plea bargain is not involuntary
• State has power to drive hard bargain

Question 7

What are the collateral effects of a guilty plea?

Answer 7

Can be used as conviction in other state proceedings
- As specification for imposition of death penalty

NOT admit legality of incriminating search

NOT waive 4A claims vs constitutionality of incriminating search

Question 8

How may a guilty plea be attacked after sentencing?

Answer 8

Involuntary plea
- Failure to meet constitutional standards for taking guilty plea

Lack of court jurisdiction

Double jeopardy

Lack of counsel assistance

Failure to keep plea bargain