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PLEA BARGAINING - PROPOSED AMENDMENTS TO FEDERAL CRIMINAL RULE 11

NCJ Number
6930
Journal
Minnesota Law Review Volume: 56 Issue: 4 Dated: (MARCH 1972) Pages: 718-737
Author(s)
ANON
Date Published
1972
Length
20 pages
Annotation
EXAMINATION OF FEDERAL CRIMINAL RULE 11 WHICH RECOGNIZES THE PROPRIETY OF PLEA BARGAINING AND SETS FORTH A PROCEDURE FOR ITS IMPLEMENTATION.
Abstract
RULE 11 NOW PROVIDES THAT A DEFENDANT MAY PLEAD GUILTY, NOT GUILTY, OR NOLO CONTENDERE. THE COURT HAS THE POWER TO REJECT A PLEA OF GUILTY OR NOLO CONTENDERE AND MUST NOT ACCEPT EITHER WITHOUT FIRST DETERMINING FROM THE DEFENDANT THAT THE PLEA IS VOLUNTARILY AND UNDERSTANDINGLY MADE, AND THAT THERE IS A FACTUAL BASIS FOR THE PLEA. THE PRESENT RULE WAS REVISED IN 1966 IN AN ATTEMPT TO INSURE THAT THE GUILTY PLEA WAS BASED ON AN INFORMED DECISION. PROPOSED RULE 11 CONTAINS TWO DISTINCT PROVISIONS - ONE APPLYING RECENT COURT DECISIONS TO THE CURRENT PROVISIONS OF RULE 11, AND THE OTHER CREATING A PROCEDURE FOR RECOGNIZING AND IMPLEMENTING COURT-APPROVED PLEA BARGAINING.