Plea Bargaining

Question 1

Pleas must be

Answer 1

knowing, intelligent, and voluntary

Question 2

A plea is invalid if

Answer 2

• induced by threats, misrepresentations, improper promises
• not aware of the true nature of the charge or the direct/quasi-collateral consequences
• not informed of the constitutional rights being waived

Question 3

plea is

Answer 3

an admission of wrongdoing and waiver of rights

Question 4

admission must be

Answer 4

voluntary
- not coerced
- look at totality of circumstance

Question 5

Waiver of rights must be

Answer 5

knowing and intelligent

Question 6

Charge bargain

Answer 6

plea to a lower charge
- murder 1 to murder 2 for example

Question 7

Can the court refuse to accept a charge bargain

Answer 7

yes with notice but prosecutor can dismiss and refile the charge they want

Question 8

Plea for a particular sentence cannot be

Answer 8

rejected by the court

Question 9

how to judge the value of a plea

Answer 9

• what does the P give or the D get
• can D get this on their own

Question 10

D must be aware of

Answer 10

the factual basis that matches the elements of the offense

Question 11

can you maintain innocence and plea

Answer 11

yes but the record must contain strong evidence of actual guilt

Question 12

alford v. no contest plea

Answer 12

• No contest says I’m not going to say I’m guilty or innocent or guilty, just accepting the punishment
• Alford says I am innocent but am accepting the punishment

Question 13

can you charge higher and offer lower

Answer 13

yes

Question 14

failure to abide by the promise sometimes allows

Answer 14

withdrawal of the plea

Question 15

D must be competent to plea meaning

Answer 15

• understand the nature of the proceeding
• able to assist in defense