Criminal Procedure - Pleas, Punishment, Double Jeopardy

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Criminal Procedure - Pleas, Punishment, Double Jeopardy
2012-01-28 16:01:14
VA barbri

Criminal Procedure - Pleas, Punishment, Double Jeopardy
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  1. Guilty Plea Process
    • to be valid, the judge must establish that it is voluntary and intelligent.
    • To make this showing, the judge must address, in open court, and on the record - 1) the nature of the charges (including elements of offense), and 2) the consequences of the plea (waiver of right to plead guilty)
  2. Guilty Plea Withdrawal
    • D can withdraw only if:
    • plea is involuntary (defect in colloquy)
    • jurisdictional defect
    • D prevails on claim of ineffective assistance of counsel; or
    • *prosecutor fails to fulfill part of the bargain
  3. Nolo Contendere Plea
    • "no contest"
    • D agrees that court may consider D guilty for purpose of imposing judgment and a sentence, but not a confession nor a declaration of innocence
    • MS - not estopped from denying liability
    • VA - admissible in civil litigation against D
  4. Conditional Guilty Plea
    • D contests one issue of case, but agrees to plead if he can appeal the issue he contests
    • VA - only available in felony cases
  5. Alford Plea
    D concedes only that the prosecution has sufficient evid to prove the case (benefits by helping in follow on civil case)
  6. VA Withdrawal
    • D may withdraw a plea of guilty or nolo contendere
    • only before sentence imposed or imposition of sentenc is suspended; or
    • w/in 21 days after entry of a final order if court sets aside the judgment to correct a manifest injustice
    • 8th Am prohibition against cruel and unusual punishment disallows grossly disproportionate to the seriousness of the offense committed
    • automatic death penalty categories are unconsitutional
    • for death penalty, jurors must be allowed to consider all potentially mitigating evid
    • 8th Am prohibits death penalty against mental retardation, presently insane, under age of 18 at time of offense
  9. Attaches
    • jury trial: when jury is sworn
    • bench trial: when first witness is sworn
    • guilty plea: when court accepts D's plea unconditionally
  10. Same Offense Requirement
    Not the same offense if each offense contains an element the other doesn't
  11. Greater and Lesser-Included Offenses
    • Prosecution for the greater offense bars later prosecution for the lesser-included offense
    • Prosecution for the lesser-included offense bars later prosecution for the greater offense
  12. Same Sovereign
    • state and fed are not same sovereign
    • different states are not same sovereign
    • states and municipalities within them are same sovereign
  13. Exceptions allowing retrial
    • hung jury
    • mistrial for manifest necessity
    • successful appeal unless the reversal on appeal was based on insufficiency of the evid
    • breach of the plea agreement by D
  14. VA Double Jeopardy
    • Prosecution for the substantive offense bars later prosecution for the related conspiracy (unless both charges are brough in the same proceeding)
    • Prosecution for a federal crime bars later state prosecution under the equivalent state statute (fed action must start before state proceeding)