Author Question: How can a plea of guilty be contested, if at all? What will be an ideal ... (Read 35 times)

ARLKQ · **on:** Aug 17, 2018

How can a plea of guilty be contested, if at all?

What will be an ideal response?

Question 2

Explain the elements of a valid guilty plea.

What will be an ideal response?

iceage · **Reply #1 on:** Aug 17, 2018

Answer to Question 1

The defendant may wish to contest the guilty plea he or she enters for at least three reasons:
1. If the plea was the product of coercion by the prosecution
2. If the prosecution has failed to fulfill its end of the bargain
3. If other problems emerge, such as unconstitutional conduct on the part of law enforcement officials

Answer to Question 2

For a guilty plea to be valid, it must conform to three requirements: (1) it must be intelligent; (2) it must be voluntary, not coerced; and (3) it must be based in fact. That is, if the defendant pleads guilty to a crime he or she did not commit, then technically, the plea will be invalid.