Guilty Pleas

Question 1

A ___ ___ is a waiver of the 6th Am. right to jury trial.

Answer 1

Guilty Plea

Question 2

A judge must determine that the plea is ___ and ___. This must be done ___

Answer 2

Voluntary

Intelligent

On the Record

Question 3

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)

Answer 3

1. Nature of the charge
2. Maximum possible penalty and any mandatory minimum
3. That the D has the right NOT to plead guilty, but if he does, he waives the right to a trial

Question 4

Under Strickland, in a plea bargaining context, IAC claims must meet the two part test:

Answer 4

1. counsel’s performance must be deficient, and
2. the deficient performance must have prejudiced the defense and deprived the D of a fair trial

Question 5

___ has the duty to communicae formal offers from the prosecution

Answer 5

Defense counsel

Question 6

If counsel fails to communicate the formal offers and the offer ___ or is ___, the first prong of the Strickland test is met, which is _____

Answer 6

Lapses

Rejected

Counsel’s performance is deficient

Question 7

Under Henderson, a plea cannot be ___ if the defendant did not receive ____ of the true nature of the charges against them.

Answer 7

Voluntary

Notice

Question 8

A defendant may enter a guilty plea, even while ____, if he cocludes that the plea is in his ___ ____

Answer 8

Asserting his innocence

Best interest