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The flashcards below were created by user
richardlpeterson
on FreezingBlue Flashcards.
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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)
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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
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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
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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
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Alford Plea
D concedes only that the prosecution has sufficient evid to prove the case (benefits by helping in follow on civil case)
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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
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PUNISHMENT
- 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
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Attaches
- jury trial: when jury is sworn
- bench trial: when first witness is sworn
- guilty plea: when court accepts D's plea unconditionally
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Same Offense Requirement
Not the same offense if each offense contains an element the other doesn't
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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
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Same Sovereign
- state and fed are not same sovereign
- different states are not same sovereign
- states and municipalities within them are same sovereign
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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
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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)
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