NCJ Number
7610
Journal
Baylor Law Review Volume: 24 Issue: 3 Dated: (SUMMER 1972) Pages: 301-341
Date Published
1972
Length
41 pages
Annotation
REVIEW OF TEXAS PROCEDURES FOR ACCEPTING GUILTY PLEAS AND A DISCUSSION OF APPLICABLE CASE LAW.
Abstract
TEXAS RECENTLY AUTHORIZED GUILTY PLEAS IN NONCAPITAL CASES WITHOUT THE NECESSITY OF JURIES. THE DEFENDANT CAN STILL DEMAND ONE IN SUCH CASES AND CANNOT WAIVE ONE IN A CAPITAL CASE. HOWEVER, MOST TEXAS PLEAS NOWADAYS ARE DIRECTLY TO THE COURT. WHILE EVIDENCE IS STILL REQUIRED, TEXAS HAS COMMENCED A TREND THAT MAY PREDICTABLY SOON BE ADOPTED AND USED NATIONWIDE - THE FACTUAL STIPULATION. TEXAS COURTS ADHERE STRICTLY TO THE STATUTORY PROCEDURAL REQUIREMENTS TO ASSURE THAT PLEAS OF GUILTY ARE ENTERED BY PERSONS WHO ARE SANE AND UNDERSTANDING AS TO THE CONSEQUENCES, AND VOLUNTARILY WITHOUT FANCIFUL HOPES OF LENIENCY. AUTHOR ABSTRACT