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3 Cards in this Set
- Front
- Back
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What does the case Brady vs. U.S. stand for?
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The plea of guilty must be free and voluntary and the defendant must not be put under duress when he enters a guilty plea. An example of duress would be a threat to throw his mom in jail if he doesn't plead guilty.
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What does the case Boykin vs. U.S. stand for?
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During a plea of guilty, the defendant must show that he is knowingly and intelligently waving his constitutional rights. We read the plea form to them to make sure they understand it.
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What are the eight rights of the defendant listed on a plea form for felonies and misdemeanors?
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1. Right to be represented by attorney of their choice. choice If they cannot afford an attorney, they have the right to be represented by a court-appointed attorney at no cost to them. 2.Right to have a trial by judge or jury. 3. The right not to have to testify against themselves or not at all if they do not desire. 4. The right to confront and cross-examine witnesses against them and their right to have compulsory process to require witnesses to testify. 5. The right to plead guilty or not guilty. 6. The right to attack the composition and method of indictment of the Grand Jury if the indictment was the basis of this charge or the trial jury panel called to hear their case. 7. Their right to appeal any conviction and sentence without costs to them if they are indigent and to have an attorney represent them without costs if they are unable to employ one. 8. That they can be sentenced for the crime that they have pleaded guilty to.
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