Guilty Pleas and Plea Bargaining Flashcards
1
Q
Requirements for Valid Plea Bargains
A
- judge must determine that plea = voluntary + intelligent
- must be done by addressing def personally in open court on the record
Specifically, judge must show def knows + understands things such as:
- nature of charge to which the plea is offered + the crucial elements of the crime charged
- maximum possible penalty + any mandatory minimum
- def has a right not to plead guilty + if they do plead guilty, they waive right to trial (note that one of my practice q’s said this includes knowledge that def has right to trial by jury)
2
Q
Plea Bargain - Extent of Knowledge Re Nature of Crime Required
A
- judge need not personally explain elements of each charge to def on the record
- it is sufficient that record reflects that the nature of the charge + the elements of the crime were explained to def by their own counsel
3
Q
Remedy for Failure to Meet Plea Standards
A
- withdrawal of the plea + pleading anew
4
Q
Collateral Attacks on Guilty Pleas After Sentence
A
- pleas are immune from collateral attack if they’re seen as an intelligent choice among a def’s alternatives
- BUT plea can be set aside for:
1) involuntariness (failure to meet standards for taking a plea)
2) lack of jurisdiction
3) ineffective assistance of counsel
4) failure to keep the plea bargain
5
Q
Plea Bargaining
A
- plea bargain will be enforced against the prosecutor + the def, but not against the judge, who doesn’t have to accept the plea
- guilty plea not involuntary merely b/c entered in response to prosecution’s threat to charge def w/ more serious crime (think book noted prosecution can charge more serious offense if def chooses to go w/ jury trial)
6
Q
Collateral Effects of Guilty Pleas
A
- guilty plea conviction may be used as a conviction in other proceedings when relevant (ex: as basis for sentence enhancement)
- BUT guilty plea neither admits legality of incriminating ev nor waives 4th Am claims in subsequent civil damages actions
