Guilty Plea and Plea Bargaining Flashcards
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