8.10.2 Constitutional Requirements

• Library: Criminal Procedure in Practice (ABA) (2018 Ed.)

8.10.2 Constitutional Requirements

A plea of guilty or nolo contendere must be made both voluntarily and intelligently.⁸⁹ To ensure that a plea meets these requirements, the judge must address the defendant in open court and inquire whether the plea was the result of any threats or promises made by agents of the prosecution.⁹⁰ If there is a plea agreement, the judge must determine the nature of the agreement. Once the nature of the agreement has been ascertained, the judge will then advise the defendant of the effect of the plea.⁹¹

A defendant also has a Sixth Amendment right to effective counsel during the plea-bargaining process.⁹² If an accused goes to trial rather than accept a plea deal because of ineffective advice during plea negotiations and therefore receives a more...