Criminal Procedure: Guilty Pleas/Plea Bargaining

Guilty Pleas/Plea Bargaining

• SCOTUS will not disturb guilty pleas after sentence, and

• SCOTUS has adopted the contract theory of plea bargaining –
• Plea bargains are treated like contracts.
• Taking the plea
• If D pleads guilty, the judge must tell D on the record:
• The nature of the charge
• The max. authorized sentence and any mandatory min. sent.
• That D has a right to plead not guilty and ask for a trial
• If mistake in plea taking – D can withdraw and plead again.
• Good basis for withdrawing plea after sentence:
• Plea was involuntary
• The court that took the plea lacked the jurisdiction to do so
• IAC
• **Failure of the prosecution to keep an agreed upon plea bargain**