NCJ Number
55891
Journal
University of Michigan Journal of Law Reform Volume: 8 Issue: 3 Dated: (SPRING 1975) Pages: 568-593
Date Published
1975
Length
26 pages
Annotation
THE ARTICLE EXAMINES THE CONSTITUTIONAL AND POLICY CONSIDERATIONS THAT CONTRIBUTE TO PROCEDURAL SAFEGUARDS FOR MISDEMEANOR DEFENDANTS PLEADING GUILTY.
Abstract
IN ORDER TO BE VALID A GUILTY PLEA MUST BE MADE VOLUNTARILY AND WITH UNDERSTANDING. A PLEA WOULD BE INVALIDATED IF THE DEFENDANT HAD BEEN COERCED OR INTIMIDATED BY THE POLICE OR THE PROSECUTOR OR IF THE PLEA WAS THE RESULT OF IGNORANCE OR MISAPPREHENSION. ALTHOUGH THE FACTS IN BOYKIN V. ALABAMA (1969) GAVE NO INFERRENCE OF COERCION, THE U.S. SUPREME COURT STRUCK DOWN THE DEFENDANT'S GUILTY PLEA BECAUSE THERE WAS INSUFFICIENT EVIDENCE THAT THE PLEA WAS VOLUNTARILY ENTERED. THE COURT WOULD NOT PRESUME FROM A SILENT RECORD THE EXISTENCE OF THE REQUISITE WAIVER OF THE DEFENDANT'S RIGHTS TO A TRIAL AND TO CONFRONT HIS ACCUSERS. THE REQUIREMENT THAT A TRIAL JUDGE ASSURE THAT A DEFENDANT FULLY UNDERSTAND THE CONSEQUENCES OF HIS PLEA IS A NECESSARY PROCEDURAL SAFEGUARD FOR THE ACCUSED. THE SAME STANDARD OF VOLUNTARINESS AND UNDERSTANDING APPLIES TO THE ACCEPTANCE OF GUILTY PLEAS IN MISDEMEANOR AS WELL AS FELONY CASES. ALTHOUGH SOME COURTS APPLY LESSER STANDARDS IN MISDEMEANOR CASES THAN IN FELONY CASES, IT IS RECOMMENDED THAT SIMILAR INQUIRIES BE MADE IN BOTH CLASSES OF CASES. IN ALL MISDEMEANOR CASES, OTHER THAN MINOR TRAFFIC OFFENSES, THE DEFENDANT SHOULD BE MADE AWARE OF THE ESSENTIAL ELEMENTS OF THE OFFENSE CHARGED AND OUGHT TO BE ASKED IF HIS PLEA WAS THE RESULT OF ANY THREAT OR PROMISE. HE SHOULD BE ADVISED OF THE CONSEQUENCES OF THE PLEA, AND OF THE WAIVER OF HIS CONSTITUTIONAL RIGHTS. THE CONSIDERATIONS OF THE QUALITY OF LOWER COURTS AND OF THE ADDITIONAL BURDEN ON THE COURTS ARE DISCUSSED. FOOTNOTES ARE PROVIDED. (TWK)