Crim Pro2 Quiz5

a D can maintain that he is not guilty but still enter a valid not guilty plea to a charge known as an __(2 words)__

Answer explanation

this is also referred to as an Alford plea or a Best Interest Plea (federal courts will not accept this type of plea)

SCOTUS held that in order for a guilty plea to be voluntary it must be clear on the record that either the D understands the elements of the charge to which he is admitting guilt or that the court has adequately explained the elements to him before accepting the plea

• True

• False

Answer explanation

Henderson v. Morgan (1976) page 919

SCOTUS held that a guilty plea may not be reversed if a lawyer fails to correctly advise a D of the deportation of a guilty plea

• True

• False

Answer explanation

Padilla v. Kentucky (2010) page 924

This is wrong because the atty must advise the D that they will be deported if not a citizen for a felony conviction.

A guilty plea is a ​ (a)   of the D’s right to ​ (b)   the prosecution’s case, unless the D has a ​ (c)   reserving issues for ​ (d)  

• waiver
• challenge
• conditional plea
• appeal

A D must be mentally competent to plead guilty. The D must understand the proceedings against him and be able to consult with his lawyer with a reasonable degree of rational understanding

• True

• False

If a D is aware of a mistake in the plea procedures at the time they are conducted, he must object when the problem can still be fixed

• True

• False

Answer explanation

Otherwise, the error will be reviewed by the plain-error rule. Errors that do not affect a D’s substantial rights are regarded as harmless

 Before a guilty plea is accepted by the court, the D may ​ (a)   a guilty plea for any reason. However once a D has entered his plea and the court has accepted it, a guilty plea may be withdrawn only for a “​ (b)   ” reason. If a D is not allowed to withdraw a ​ (c)   , his only options are to ​ (d)   the court’s decision or to raise a ​ (e)   challenge to the plea

• withdraw
• fair and just
• guilty plea
• appeal
• collateral

Answer explanation

By collateral challenge is meant simply a challenge to the validity of an act that is not directly in issue in the proceedings

The D counsel must ​ (a)   all plea offers to the D and to give constitutionally adequate and competent ​ (b)   . Failure to do so can create an ​ (c)   of counsel claim. Strickland is the standard where deficiency and prejudice must be shown by showing that there is a ​ (d)   that the outcome would have been different but for that error 

• communicate
• advice
• ineffective assistance
• reasonable probability

Neil v. Biggers  controls Identification (to suppress an in court identification of your client)

• True

• False

What are the 2 speedy trial issues?

• Violation of the Speedy Trial Act under the 6th Amendment

• Federal Speedy Trial Act

• Act of the Speedy Trial due to legislation

• The Federal Quick Trial Act