Guilty Pleas Flashcards

1
Q

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

A

Guilty Plea

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2
Q

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

A

Voluntary

Intelligent

On the Record

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3
Q

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)

A
  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
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4
Q

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

A
  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
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5
Q

___ has the duty to communicae formal offers from the prosecution

A

Defense counsel

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6
Q

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

A

Lapses

Rejected

Counsel’s performance is deficient

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7
Q

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

A

Voluntary

Notice

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8
Q

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

A

Asserting his innocence

Best interest

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