NCJ Number
7616
Journal
Arizona Law Review Volume: 14 Issue: 3 Dated: (1972) Pages: 543-550
Date Published
1972
Length
8 pages
Annotation
CONSIDERATIONS OF THE PITFALLS INHERENT IN THE GUILTY PLEA, THE WAIVER OF CONSTITUTIONAL RIGHTS INVOLVED, AND THE PROBLEM OF THE GUILTY PLEA IN ARIZONA COURTS.
Abstract
THE AUTHOR RECOMMENDS THAT WHEN ACCEPTING A GUILTY PLEA STATE JUDGES SHOULD FOLLOW THE PROCEDURES REQUIRED OF FEDERAL JUDGES UNDER RULE 11 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE. RULE 11 SETS FORTH THREE BASIC REQUIREMENTS WHICH MUST BE MET BEFORE A GUILTY PLEA MAY BE ACCEPTED - THE DEFENDANT MUST BE PERSONALLY ADDRESSED BY THE TRIAL COURT. THE PLEA MUST BE ENTERED VOLUNTARILY AND WITH AN UNDERSTANDING OF THE CHARGE AND THE CONSEQUENCES OF THE PLEA, AND THE JUDGE MUST SATISFY HIMSELF THAT A FACTUAL BASIS EXISTS FOR THE PLEA. (AUTHOR ABSTRACT)