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26 Cards in this Set

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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
Benefit
Benefits
What are some pro's and cons regarding plea bargains
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
3 Types of Plea Bargaining
Lesser Charge
Sentence
Dropping of other Charges
What 4 things must a judge to b4 accepting a plea bargain
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
What Feder rule of Crim Pro governs Guilty pleas
11
A DF may plead either _____, ____, or _________
Guilty, not guilty, or noo contendere
What is a conditional plea
Pleads guilty or nolo-- but reserves the right to raise a certain argument on appeal
If a DF refuses to enter a plea the ct will enter a plea of _____
not guilty
Name 8 things a ct must inform the DF of b4 accepting a plea of guilty or nolo
See p. 29
Ct must address the DF in ____ court
open
When the ct rejects the plea agreement-- what must it do
1. Inform the parties, 2. give D an opportunity to withdraw the plea of guilty
DF can withdraw a plea of guilty before ct accepts it under what conditions--
None-- can withraw for any reason or no reason
After ct accepts the guilty plea, but before sentence is imposed, what are two ways DF can withdraw plea of guilt
1. If ct rejects the plea bargain 2. If DF can show a fair and just reason for requesting the withdrawal.
If ct does not adhere to Rule 11-- can the plea still stand?
Yes-- as long as it is a harmless error
Can ct assume that DF's plea is entered freely and voluntarily w/ out record to support that finding? What case?
No.
Boykin v. AL
Is a plea coercion if DF pleas to avoid the death penalty
No
Can a plea be voluntary if D is not informed of a critical element.
NO
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)
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
Yes R. 11 err.
Only reversalable if DF proves substantial rights were violated (that err was not harmless)
Do some cts requre reveral for any R.11 omission
Yes-- ct are split on this issue
If ct fails to advise DF of R.11 item, can that ommission be cured if defense counsel discussed that with DF
YEs
Are DP rights violated if by prosecutions use of inconsistent theories-- in regards to plea bargaining
Could be-- but DF has to sho how it affected the knowing, voluntary and intelligent nature of his plea
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
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.
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
This is okay. Ct said this is a part of negotiations.
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
Santabello
INterest of justice
If plea agreeement requires DF to tel truth and he lies and then immediatley corrects the stateemtn-- can prosecutor end deal
Yes-