§ 16.04 CRIMINAL RULE 11 "VOLUNTARINESS" STATEMENTS

• Jurisdiction: North Carolina

§ 16.04. CRIMINAL RULE 11 "VOLUNTARINESS" STATEMENTS

Under Rule 410(a)(3), statements made during proceedings under Criminal Rule 11 or its state equivalent are inadmissible in cases involving withdrawn guilty pleas or no-contest pleas. Because an accused is giving up fundamental constitutional protections (e.g., the right to jury trial and the privilege against self-incrimination), Criminal Rule 11 establishes detailed procedures for determining the voluntariness of pleas of guilty or no contest.

Before accepting such a plea, the judge must determine that (1) the plea is voluntary (no coercion or improper inducements),¹³ (2) the defendant understands the nature of the charged offense and the consequences of the plea, and (3) there is factual basis for the plea. This procedure usually requires the defendant to make incriminatory statements at the plea...