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Criminal Procedure • 14th Amendment
CRIMPRO#051
Legal Definition
If a defendant pleads guilty, the trial judge must specifically address the defendant on the record and ensure he understands: (1) the nature of the charge; (2) the maximum possible penalty and any mandatory minimum; and (3) that he has a right not to plead guilty and demand a trial.
Plain English Explanation
A guilty plea is a serious thing, which means there is a specific procedure to follow in order to make sure the defendant is fully aware of what the consequences are to plead guilty, which is why it all needs to be on the record. First, a judge will make sure the defendant understands the nature of the charge, meaning they are aware of what exactly they are pleading guilty to. It wouldn't be fair if the defendant thought they were being charged with petty theft when in reality they were being charged with grand larceny or murder. Second, a judge will make sure the defendant knows what sort of punishment they may be subjected to as a result of their guilty plea. Third, a judge will make it super clear that the defendant is not in any way required to plead guilty and can, instead, demand a trial to force the prosecution to prove they are guilty.
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