PLEA BARGAINING MISHAPS - THE POSSIBILITY OF COLLATERALLY ATTACKING THE RESULTANT PLEA OF GUILTY

• NCJ Number: 16088
• Journal: Journal of Criminal Law and Criminology Volume: 65 Issue: 2 Dated: (JUNE 1974) Pages: 170-180
• Author(s): ANON
• Date Published: 1974
• Length: 11 pages
• Corporate Author: Northwestern University; Williams and Wilkins Co
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

A SURVEY OF FEDERAL AND ILLINOIS LAW DEALING WITH THE COLLATERAL ATTACK OF GUILTY PLEAS SUBEQUENT TO DIFFERENT KINDS OF PLEA BARGAINING MISHAPS.

Abstract

MISHAPS MAY RESULT FROM THE PROMISES OF THE PROSECUTION, FROM THE PROMISES OF THE POLICE OR INVESTIGATORS, FROM THE DEFENDANT'S FALSE BELIEF IN THE EXISTENCE OF A BARGAIN, OR FROM JUDICIAL PARTICIPATION IN THE PLEA BARGAINING PROCESS. THE DEFENDANT SHOULD BE GRANTED RELIEF IF THE PROSECUTOR PR POLICE BREAK THEIR PROMISES BUT IN THE LATTER CASE THE DEFENDANT MUST SHOW THAT HE WAS DEALING WITH AN AUTHORIZED AGENT OF THE PROSECUTOR. A MISTAKEN BELIEF IN THE EXISTENCE OF A DEAL IS USUALLY NOT SUFFICIENT FOR COLLATERAL ATTACK. THE FACT THAT A JUDGE PARTICIPATED IN THE PLEA BARGAINING PROCESS IS NOT NECESSARILY SUFFICIENT FOR ATTACK BECAUSE SOME JURIDSCTIONS CONSIDER IT DESIRABLE FOR THE JUDGE TO PARTICIPATE IF THE PROCESS HAS BEEN INITIATED BY THE TWO PARTIES. A JUDICIAL PROMISE IN THIS STAGE MUST BE KEPT. NON-COLLATERAL AVENUES OF ATTACK SUCH AS HABEAS CORPUS PETITIONS AND MOTIONS TO WITHDRAW A PLEA OF GUILTY ARE ALSO DISCUSSED.