Guilty Pleas Flashcards
A ___ ___ is a waiver of the 6th Am. right to jury trial.
Guilty Plea
A judge must determine that the plea is ___ and ___. This must be done ___
Voluntary
Intelligent
On the Record
In determining that a plea was made voluntarily and intelligently, the judge or attorney must be sure that the defendant knows:
(3 things, N, M/MM, R)
- Nature of the charge
- Maximum possible penalty and any mandatory minimum
- That the D has the right NOT to plead guilty, but if he does, he waives the right to a trial
Under Strickland, in a plea bargaining context, IAC claims must meet the two part test:
- counsel’s performance must be deficient, and
- the deficient performance must have prejudiced the defense and deprived the D of a fair trial
___ has the duty to communicae formal offers from the prosecution
Defense counsel
If counsel fails to communicate the formal offers and the offer ___ or is ___, the first prong of the Strickland test is met, which is _____
Lapses
Rejected
Counsel’s performance is deficient
Under Henderson, a plea cannot be ___ if the defendant did not receive ____ of the true nature of the charges against them.
Voluntary
Notice
A defendant may enter a guilty plea, even while ____, if he cocludes that the plea is in his ___ ____
Asserting his innocence
Best interest