PLEADING GUILTY - ILLINOIS SUPREME COURT RULE 402 AND THE NEW FEDERAL RULE OF CRIMINAL PROCEDURE 11

• NCJ Number: 57055
• Journal: UNIVERSITY OF ILLINOIS LAW FORUM Volume: 1975 Issue: 1 Dated: (1975) Pages: 116-134
• Author(s): R A PALMER
• Date Published: 1975
• Length: 19 pages
• Corporate Author: University of Illinois, Urbana-Champaign
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

THE DEVELOPMENT AND APPLICATION OF OLD AND NEW ILLINOIS COURT RULES GOVERNING THE ACCEPTANCE OF GUILTY PLEAS IN CRIMINAL CASES ARE OUTLINED AND CONTRASTED WITH BOTH OLD AND NEW FEDERAL COURT PROCEDURES.

Abstract

GUILTY PLEAS ARE A NECESSARY AND CENTRAL FEATURE OF CRIMINAL JUSTICE BOTH IN ILLINOIS AND IN THE FEDERAL JUDICIARY. IN ILLINOIS, THEY REPRESENT 85 PERCENT OF ALL CONVICTIONS PUNISHABLE BY IMPRISONMENT. A SIMILAR PERCENTAGE OF FEDERAL FELONY CONVICTIONS ARE BY GUILTY PLEAS OR PLEAS OF NOLO CONTENDERE. DUE TO THE IMPORTANT CONSEQUENCES OF THE DEFENDANT'S DECISION TO PLEAD GUILTY, A UNIFORM, ACCURATE, AND FAIR PROCEDURE IS NEEDED FOR DETERMINING WHETHER A GUILTY PLEA SHOULD RESULT IN CONVICTION. IN ILLINOIS, THE STANDARDS FOR ACCEPTING GUILTY PLEAS ARE PRESCRIBED IN SUPREME COURT RULE 402. FEDERAL RULE OF CRIMINAL PROCEDURE 11 DETAILS THE PROCEDURE FOLLOWED IN FEDERAL COURTS. THE NEW FEDERAL RULE 11 IS PATTERNED LARGELY AFTER THE ILLINOIS RULE, AND BOTH RELY HEAVILY ON THE AMERICAN BAR ASSOCIATION'S STANDARDS RELATING TO GUILTY PLEAS. BOTH RULES ARE DESIGNED TO MAXIMIZE THE BENEFITS OF CONVICTION WITHOUT TRIAL. REALIZATION OF THIS OBJECTIVE NECESSARILY INVOLVED CONSIDERING DIVERSE INTEREST: THE PROCEDURE SHOULD PRESERVE THE ADVANTAGES OF EXPEDIENCY AND EFFICIENCY SUCH PLEAS AFFORD THE COURTS AND DEFENDANTS, WHILE SAFEGUARDING THE DEFENDANT'S RIGHTS. MOREOVER, THE INTERESTS OF BOTH SOCIETY AND THE DEFENDANT ARE BEST SERVED BY A FAIR, ACCURATE PROCEDURE WHICH ENSURES ACCEPTANCE OF GUILTY PLEAS ONLY WHEN DEFENDANTS ARE IN FACT GUILTY AND WANT TO PLEAD SO. BOTH RULES ARE ANALYZED IN VIEW OF THESE SOMETIMES CONFLICTING INTERESTS. AFTER A BRIEF DISCUSSION OF THE PROCEDURE USED PRIOR TO RULE 402, THE ILLINOIS SUPREME COURT'S EFFORTS TO CONSTRUE THE RULE ARE EXAMINED. THE CONSTRUCTION PLACED ON THE ILLINOIS RULE IS CONTRASTED WITH THAT PLACED ON THE OLD FEDERAL RULE 11, AND WITH THE PROVISIONS OF THE NEW FEDERAL RULE. WHETHER STRICT COMPLIANCE WITH THE RULES SHOULD BE REQUIRED ALSO IS DISCUSSED. CASE REFERENCES ARE FOOTNOTED. (KBL)