Criminal Procedure - Post Trial

Front 1

Plea Bargaining & Guilty Pleas: What are the responsibilities of defense counsel in a plea bargain?

Back 1

1) Consult with client
2) assessing strength of case
3) assessing client's interest and resources
4) advising client of consequences of guilty plea
5) effect assistance of counsel

Front 2

Plea Bargaining & Guilty Pleas: What are the responsibilities of the prosecutor in a plea bargain?

Back 2

1) No obligation to bargain,

2) May threat D of any prosecution

Front 3

Plea Bargaining & Guilty Pleas: What are the judge's role in plea bargains?

Back 3

No Judicial involvement in plea bargaining but once the plea is presented... it must be

"knowing, intelligent, and voluntary"

That is, the judge must be satisfied that [1] D is competent to enter into the plea,
[2] the plea is truly voluntary;
[3] understand the charge, and
[4] understands the consequences of the plea (such as min and max possible sentences).

Front 4

Plea Bargaining & Guilty Pleas: What are the holding & reasoning in Brady v. U.S.?

Back 4

Guilty plea is not presumed voluntary where the judge does not question the D concerning his plea.

Front 5

Plea Bargaining & Guilty Pleas: What are the standard to ensure a valid guilty plea?

Back 5

Knowing
Voluntary
Intelligent

Front 6

Plea Bargaining & Guilty Pleas: What are the remedies for violation of a plea agreement?

Back 6

If D breaches: Prosecutor may terminate the account and retry D.

If State breaches, D may "terminate the contract" or seek "specific performance"

Front 7

Plea Bargaining & Guilty Pleas: How do you withdrawal of guilty plea?

Back 7

[1] Before sentencing
[2] prosecutor agrees to recommend a certain sentence but the judge ignores

Front 8

Plea Bargaining & Guilty Pleas: Hill v. Lockhart

Back 8

D must demonstrate prejudice in addition to unreasonable error to enter a valid ineffective assistance of counsel challenge to a guilty plea.

Front 9

Santobello v. New York

Back 9

New Trial is required when the state fails to keep a commitment concerning the sentence recommendation.

Front 10

Plea Bargaining & Guilty Pleas: What are the rights given up by a D when s/he pleads guilty?

Back 10

[1] waives any rights he could have asserted at trial;
[2] Difficult to Withdraw
[3] Effectivily Ends case
[4] Waives most issues for appeal