NCJ Number
25277
Journal
Criminal Justice Quarterly Volume: 2 Issue: 1 Dated: (WINTER 1974) Pages: 24-37
Date Published
1974
Length
14 pages
Annotation
A DISCUSSION OF THE VALUE OF THE GUILTY PLEA IN THE COURT PROCESS AND AN EXAMINATION OF THE STANDARDS GOVERNING VARIOUS ASPECTS OF THE GUILTY PLEA.
Abstract
THE ADVANTAGES OF EXTENSIVE USE OF THE GUILTY PLEA ARE SEEN TO BE: SPEEDY DISPOSITIONS; A REDUCTION IN COURT BACKLOADS; AND THE LIMITING OF THE TRIAL PROCESS TO THOSE CASES IN WHICH THE DEFENDANT HAS GROUNDS FOR CONTESTING THE ISSUE OF GUILT. THE AUTHOR STATES THAT SINCE THE PLEA OF GUILTY ENTAILS THE WAIVER OF CERTAIN CONSTITUTIONAL RIGHTS, SUCH A PLEA SHOULD BE SUBJECTED TO COMPREHENSIVE EXAMINATION AND ATTENDED BY PROPER SAFEGUARDS BEFORE IT MAY VALIDLY BE USED TO CONVICT A DEFENDANT. SUCH SAFEGUARDS ARE DISCUSSED IN RELATION TO DETERMINATION OF THE VOLUNTARINESS OF THE GUILTY PLEA, DETERMINATION OF THE DEFENDANT'S UNDERSTANDING OF THE GUILTY PLEA, THE DETERMINATION OF THE FACTUAL BASIS FOR A GUILTY PLEA, WITHDRAWAL OF A GUILTY PLEA, AND RAISING THE VALIDITY OF A GUILTY PLEA IN COLLATERAL PROCEEDINGS.