Plea Practice

Question 1

what are the types of pleas

Answer 1

traditional

no lo contendré

alford

Question 2

what is an Alford plea

Answer 2

pleading guilty while maintaining innocence

Question 3

are Alford pleas constitutionally permissible

Answer 3

yes

Question 4

test for court to accept a plea

Answer 4

• ∆ is competent (general cognitive ability)
• ∆’s choice is intelligent (knows what he’s doing)
• ∆’s choice is voluntary

Question 5

what happens to appellate rights after aplea

Answer 5

gone

Question 6

what is the e exception to losing appellate rights after a plea

Answer 6

Blackledge Menna: ∆ retains rights to appeal after a plea if

1. the claim is that the gov had no power to hale ∆ into court at all
2. the claim requires no new fact finding

Question 7

what are allowable inducements to compel a plea

Answer 7

1. death
2. threat to increase charges
3. global plea deals
4. leniency in prosecution in exchange for dropping a civil claim against a gov official

Question 8

what happens if the prosecution fails to uphold their side of the plea k

Answer 8

the prosecution is bound to its promise, and remedy might be specific performance

Question 9

what happens if ∆ fails to uphold his side of the plea k

Answer 9

court will enforce the K, which could mean reinstating charges