Guilty Pleas, Plea Bargaining, and Punishment

Question 1

What makes a guilty plea valid?

Answer 1

A judge determines that the guilty plea is voluntary and intelligent.

Question 2

What does the plea-taking colloquy entail?

Answer 2

Judge addresses D in open court re:

1. the nature of the charges (all required elements), and
2. the consequences of the plea (e.g. waiver of right to plead not-guilty)

Failure of adequate colloquy is grounds for withdrawing a guilty plea.

Question 3

When can a guilty plea be withdrawn?

Answer 3

1. if the plea is involuntary (defect in colloquy)
2. there is a jurisdictional defect in the court that took the plea.
3. D proves ineffective assistance of counsel
4. prosecutor reneges on the bargain that led to the guilty plea.

Question 4

What is the 8th amendment prohibition against cruel and unusual punishment?

Answer 4

Disallows criminal penalties that are grossly disproportionate to the seriousness of the offense committed.

Question 5

When does the death penalty violate the 8th Amendment?

Answer 5

When there is an automatic category for imposing the death penalty (no discretion).

Question 6

What can a jury or court consider when deciding whether the impose the death penalty?

Answer 6

All potentially mitigating evidence.

Question 7

Which categories of people may never get the death penalty?

Answer 7

• Defendants with mental retardation
• Defendants presently insane
• Defendants under 18 at the age of relevant offense - life without parole for this group is also a violation of the 8th amendment.