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26 Cards in this Set
- Front
- Back
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Why is plea bargaining constitutional? We cannot hold that it is unconstitutional for the State to extend a ____ to a DF who in turn extends a substantial ____ to the State
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Benefit
Benefits |
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What are some pro's and cons regarding plea bargains
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Pros- exchanging of benefits, allows for greater predictability in sentencing
Cons- Undercutting of legistative indent if you give them less, not really justice if DF accpts bargain just to avoid a possible longer sentence, public defenders might pressure their clients to accept bargain to lighten their work load |
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3 Types of Plea Bargaining
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Lesser Charge
Sentence Dropping of other Charges |
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What 4 things must a judge to b4 accepting a plea bargain
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1. Competency
2. Whether plea was given voluntarily, knowingly and intelligently 3. Whether there was a factual basis for the plea 4. Exculpatory info has been given to DF to accurately assess the strength of the case |
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What Feder rule of Crim Pro governs Guilty pleas
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11
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A DF may plead either _____, ____, or _________
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Guilty, not guilty, or noo contendere
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What is a conditional plea
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Pleads guilty or nolo-- but reserves the right to raise a certain argument on appeal
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If a DF refuses to enter a plea the ct will enter a plea of _____
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not guilty
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Name 8 things a ct must inform the DF of b4 accepting a plea of guilty or nolo
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See p. 29
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Ct must address the DF in ____ court
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open
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When the ct rejects the plea agreement-- what must it do
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1. Inform the parties, 2. give D an opportunity to withdraw the plea of guilty
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DF can withdraw a plea of guilty before ct accepts it under what conditions--
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None-- can withraw for any reason or no reason
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After ct accepts the guilty plea, but before sentence is imposed, what are two ways DF can withdraw plea of guilt
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1. If ct rejects the plea bargain 2. If DF can show a fair and just reason for requesting the withdrawal.
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If ct does not adhere to Rule 11-- can the plea still stand?
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Yes-- as long as it is a harmless error
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Can ct assume that DF's plea is entered freely and voluntarily w/ out record to support that finding? What case?
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No.
Boykin v. AL |
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Is a plea coercion if DF pleas to avoid the death penalty
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No
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Can a plea be voluntary if D is not informed of a critical element.
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NO
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What is an Alford Plea?
Give ex. to argue when an Alford plea should not be valid |
When DF accepts a plea agreement denies guilt.
There may be a problem if there is is a lack of factual basis (b/c in Alford there was evidence) |
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DF was charged and advised of his right to an atty. Later when pleading guilty he was not advised of the right to an atty? Is this a R.11 err. If so, should there be a reversal
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Yes R. 11 err.
Only reversalable if DF proves substantial rights were violated (that err was not harmless) |
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Do some cts requre reveral for any R.11 omission
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Yes-- ct are split on this issue
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If ct fails to advise DF of R.11 item, can that ommission be cured if defense counsel discussed that with DF
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YEs
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Are DP rights violated if by prosecutions use of inconsistent theories-- in regards to plea bargaining
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Could be-- but DF has to sho how it affected the knowing, voluntary and intelligent nature of his plea
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Under Iowa v. Tovar-- if a DF pleads guilty and waives counsel-- is the court required to inform him of the dangers of self-representation? Why or why not
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No. B/c the 6th Amendment does not require the ct to give a detailed admonishment to a prose DF pleading guilty of the usefulness of a atty.
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In Pearce and Perry ct say that in was unconstituional for a prosecutor/sentence to bring higher charge affter DF asserts right to appeal. What if attorney threatens a higher punishment at the plea bargaining stage? Why or why not
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This is okay. Ct said this is a part of negotiations.
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In ____ v. NY-- DF plead guilty and prosec. agreed to make no recommendation as to the sentence. A different prosecu. took the case and recommended the max. Ct was that in the _____ of _____ this was wrong
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Santabello
INterest of justice |
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If plea agreeement requires DF to tel truth and he lies and then immediatley corrects the stateemtn-- can prosecutor end deal
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Yes-
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