Guilty Plea: Accepting the Plea - The Nature Of Guilty Pleas, The Plea Process, The Elements Of Guilty Pleas, Statutory And Procedural Requirements
counsel prosecution fed charged
A guilty plea consists of a defendant admitting having committed one or more of the crimes charged and a court agreeing to accept that admission and to sentence the defendant. Ordinarily, a guilty plea occurs after defense counsel has bargained with the prosecution and obtained some concession—for example, a reduction of the charges, an agreement not to file other charges, or a stipulation with respect to the position the prosecution will take at sentencing. Nevertheless, defendants have a right to plead guilty without a prosecutor's agreement, provided that they plead to all the crimes charged. Defendants
sometimes pursue this course in unwinnable or minor cases an which they believe a plea will encourage the presiding judge to impose a lenient sentence.
STATUTES
Fed. R. Crim. P. 11.
Fed. R. Crim. P. 32(e).
Additional Topics
The main purpose of a guilty plea is to produce a final conclusion to a criminal case. Once a defendant enters a guilty plea, the prosecutor has no further obligation to introduce evidence of the defendant's guilt. A pleading defendant waives the right to raise most objections to police, prosecutorial, or judicial behavior that could have been raised on appeal after a trial and conviction. …
Early in any prosecution, a defendant is brought before a judicial officer for arraignment. There, the judge advises the defendant of the charges, appoints counsel if necessary, and requires the defendant to enter a guilty or not guilty plea. In serious matters, the judge ordinarily will not accept a guilty plea at the arraignment unless satisfied that the defendant has been advised by counsel to …
Valid guilty pleas have three basic elements. The court accepting the plea must have jurisdiction. The defendant must be competent to make the decision to plead guilty. Due process requires that the decision be voluntary and reasonably well-informed. Competence and voluntariness are linked. Because plea agreements are conceptualized as rational bargains, it is important for courts to satisfy thems…
Numerous protections against faulty pleas exist. Most important are the right to counsel and the requirement of judicial supervision of plea agreements. To avoid guilty pleas becoming subject to collateral attack, most jurisdictions have adopted prophylactic procedures governing the plea process. These typically require judges to provide defendants key information and to satisfy themselves that ea…
Courts and legislatures hesitate to allow defendants who later find themselves dissatisfied to undo plea agreements. Nevertheless, occasions exist in which fairness demands reconsideration. Three mechanisms for challenging pleas exist. Defendants may seek to withdraw pleas, before sentencing or thereafter. Defendants may challenge pleas or sentences on appeal. Defendants may raise legal objections…
American Bar Association. Standards for Criminal Justice Prosecution Function and Defense Function, 3d ed. Washington, D.C.: American Bar Association, 1993, 3–4.1 to 3–4.3; 4–6.1 to 4–6.2. …
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User Comments
over 2 years ago
ROSE COLOMBO
How can I get a guilty plea vacated
due to lack of "voluntary and intelligent" free will?
over 2 years ago
Roxanne Childers
In the Connecticut home invasion case, Steven Hayes plead guilty. Why was there a jury trial? I thought if you plead guilty,you went right to the penalty phase.