08 Guilty Pleas and Plea Bargaining

To accept a guilty plea, the judge must determine on the record that the plea is [..1..] and [..2..].

voluntary, intelligent

To ensure a guilty plea is voluntary and intelligent, the judge must address the defendant personally in [..1..] and on the [..2..].

open court, record

For a valid guilty plea, the defendant must understand the nature of the [..1..], the maximum possible [..2..], and that they waive the right to [..3..].

charge, penalty, trial

T/F: For a guilty plea to be valid, the record must show the judge, not defense counsel, personally explained the charge elements to the defendant.

F

The remedy for a failure to meet the standards for taking a guilty plea is [..1..] of the plea and [..2..].

withdrawal, pleading anew

A guilty plea is immune from collateral attack if it was an […] among the defendant's alternatives.

intelligent choice

A guilty plea may be collaterally attacked due to [..1..], lack of jurisdiction, [..2..] of counsel, or the prosecutor's failure to keep the plea bargain.

involuntariness, ineffective assistance

A plea bargain is enforceable against the [..1..] and the [..2..], but generally not against the [..3..].

prosecutor, defendant, judge

T/F: A guilty plea is considered involuntary if entered in response to the prosecution's threat to charge the defendant with a more serious crime.

F

T/F: It constitutes prosecutorial vindictiveness for the prosecution to charge a more serious offense when the defendant demands a jury trial after plea negotiations.

F

A guilty plea conviction […] be used as a conviction in other proceedings when relevant, such as for sentence enhancement.

may

A guilty plea neither admits the legality of [..1..] nor waives [..2..] claims in a subsequent civil damages action.

incriminating evidence, Fourth Amendment