NCJ Number
85366
Date Published
1982
Length
706 pages
Annotation
The volume incorporates existing case law, statutes, articles, and studies for those involved in plea bargaining. It discusses the prevailing legal standards for accepting guilty pleas and remedying improvident pleas or broken agreements.
Abstract
The text, designed to be periodically updated, emphasizes Supreme Court and Federal opinions and presents a cross-section of State court decisions. An overview of the guilty plea process covers requirements for acceptance of a guilty plea, plea bargaining's historical origins, and attempts to abolish plea bargaining. The volume also examines Supreme Court pronouncements on plea bargaining's constitutionality (Shelton v. United States, Parker v. North Carolina, Corbitt v. New Jersey, etc.); due process limitations on plea bargaining; standards for acceptance of guilty pleas; and the roles and responsibilities of defense counsel, prosecutor, and judge in the plea process. It covers remedies for improvident pleas, including the defendant's right to withdraw the plea before or after sentencing, as well as retroactive legal changes as grounds for withdrawal. Appended materials include the American Bar Association Standards for Criminal Justice Relating to Pleas of Guilty, Federal statutes on plea bargaining and guilty pleas, a form for recommended plea-taking procedures, and Department of Justice Principles of Federal Prosecution. An index, a table of cases cited, and a bibliography of nearly 300 references are provided.