Guilty Plea and Plea Bargaining Flashcards

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1
Q

Guilty Plea Requirements

A

Before accepting guilty plea, judge must determine plea is voluntary and intelligent:
* Judge must address D in open court and on the record
* See if D understands nature of charge (behind plea) and elements of crime charged
* D must understand maximum/minimum punishments of crime
* D has right to not plead guilty and by pleading guilty, waives right to jury trial

Remedy for Failure: withdrawal of guilty plea

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