QUESTION: Should a judge accept a plea of guilty when the factual basis supporting the plea of guilty is based on the common practice of asking defendants a series of leading questions, without the defendant ever stating in his own words what happened?
For the answer and explanation read the attached judicial training update.
Defendant pleads guilty to Felony Domestic Assault (but could be any criminal offense) pursuant to a plea agreement. Court accepts the plea, orders a PSI and return for sentencing. After reading the PSI court decides NOT to accept the plea agreement. At sentencing the court rejects the previously accepted plea of guilty. Defendant argues that his continued prosecution, following the rejection of a guilty plea that the district court had accepted in open court, violated the constitutional protection against double jeopardy.
QUESTION: Should judges accept a factual basis for a plea of guilty based on the common practice of asking defendants a series of leading questions, without the defendant ever stating in his own words what happened?
Message From Site Manager Judge Alan Pendleton (Retired)
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