Trial: Guilt-Innocence

Question 1

6th Amendment right to a jury trial requires a unanimous verdict to support a conviction in both federal and state court.

Answer 1

6th Amendment right to a jury trial requires a unanimous verdict to support a conviction in both federal and state court.

Question 2

What are the admonishments a judge must give the defendant prior to accepting D’s guilty plea in a felony case?

Answer 2

Before accepting a guilty plea, the trial judge must:

(i) admonish D as to range of penalties attached to offense;
(ii) inform D that any recommendation by prosecution will not be binding on the court;
(iii) inform D of limited right to appeal following a guilty plea;
(iv) ask if there’s a plea bargain;
(v) inform D that a plea of guilty may result in deportation; and
(vi) request from the prosecutor the victim impact statement.