Plea colloquy (original) (raw)
A plea colloquy, in United States criminal procedure, is a conversation between a judge and a criminal defendant who has been sworn under oath, which must occur when the defendant enters a guilty plea in court in order for the plea to be valid. The United States Supreme Court has crafted a doctrine which requires the court to engage in a specific line of inquiry. Because a guilty plea must be made intelligently, knowingly, and voluntarily, the court must advise the defendant of the following things:
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| dbo:abstract | A plea colloquy, in United States criminal procedure, is a conversation between a judge and a criminal defendant who has been sworn under oath, which must occur when the defendant enters a guilty plea in court in order for the plea to be valid. The United States Supreme Court has crafted a doctrine which requires the court to engage in a specific line of inquiry. Because a guilty plea must be made intelligently, knowingly, and voluntarily, the court must advise the defendant of the following things: 1. * The nature of the charge 2. * The potential penalties which might result from the plea, including any mandatory minimum sentence 3. * The defendant's rights to not plead guilty, and to request a jury trial. The court must ask the defendant if he understands each of these points, and must receive a voluntary affirmative response. Many courts use a script of the questions which the judge will ask the defendant and the defense attorney in a specific order. Failure by the court to advise the defendant of any of the above points will supply the grounds for a collateral attack on the plea; if such an attack is successful, the guilty plea will be withdrawn, and the defendant will be given the opportunity to enter a new plea. The court can accept and bind the defendant to a guilty plea, even if the defendant insists that he is innocent, and merely taking the plea to avoid conviction by a jury. Pursuant to the Sixth Amendment to the U.S. Constitution, a criminal defendant has the right to be represented by an attorney during a plea colloquy; failure of the state to provide an attorney to an indigent defendant during such proceedings is grounds for an appeal. It is possible - but very difficult - for a defendant who is so represented to have a plea thrown out due to ineffective assistance of counsel. The defendant must make a positive showing that but for the erroneous advice of counsel, he would not have chosen to plead guilty. (en) |
| dbo:wikiPageExternalLink | https://web.archive.org/web/20070325125859/http:/www.iand.uscourts.gov/iand/Documents.nsf/0/c66128779168000386256cd700525a80%3FOpenDocument |
| dbo:wikiPageID | 1983533 (xsd:integer) |
| dbo:wikiPageLength | 2562 (xsd:nonNegativeInteger) |
| dbo:wikiPageRevisionID | 787776329 (xsd:integer) |
| dbo:wikiPageWikiLink | dbr:United_States dbr:United_States_Supreme_Court dbr:Ineffective_assistance_of_counsel dbr:Oath dbr:Criminal_procedure dbr:Sixth_Amendment_to_the_U.S._Constitution dbr:Judge dbr:Guilty_plea dbr:Court dbc:Criminal_procedure dbr:Defense_attorney dbr:Criminal_defendant |
| dbp:wikiPageUsesTemplate | dbt:Refimprove dbt:Criminal_procedure |
| dcterms:subject | dbc:Criminal_procedure |
| gold:hypernym | dbr:Conversation |
| rdf:type | dbo:Work |
| rdfs:comment | A plea colloquy, in United States criminal procedure, is a conversation between a judge and a criminal defendant who has been sworn under oath, which must occur when the defendant enters a guilty plea in court in order for the plea to be valid. The United States Supreme Court has crafted a doctrine which requires the court to engage in a specific line of inquiry. Because a guilty plea must be made intelligently, knowingly, and voluntarily, the court must advise the defendant of the following things: (en) |
| rdfs:label | Plea colloquy (en) |
| owl:sameAs | freebase:Plea colloquy wikidata:Plea colloquy https://global.dbpedia.org/id/4tuFh |
| prov:wasDerivedFrom | wikipedia-en:Plea_colloquy?oldid=787776329&ns=0 |
| foaf:isPrimaryTopicOf | wikipedia-en:Plea_colloquy |
| is dbo:wikiPageWikiLink of | dbr:Strickland_v._Washington dbr:Plea dbr:Iowa_v._Tovar |
| is foaf:primaryTopic of | wikipedia-en:Plea_colloquy |