Guilty Plea
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What are the elements of a guilty plea? Can a guilty plea contested? How effective are guilty pleas?
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Solution Summary
"A defendant may plead not guilty, guilty or guilty but mentally ill. The court may refuse to accept a plea of guilty or guilty but mentally ill, and shall not accept the plea without first determining that the plea is made voluntarily with understanding of the nature of the charge. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or guilty but mentally ill or if a defendant corporation fails to appear, that court shall enter a not guilty plea."
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Below is a suggested response based on the Federal Rules of Criminal Procedure and some case law. Hope you find this helpful. Good luck!!!!
Federal Rule of Criminal Procedure 8.08 states:
"A defendant may plead not guilty, guilty or guilty but mentally ill. The court may refuse to accept a plea of guilty or guilty but mentally ill, and shall not accept the plea without first determining that the plea is made voluntarily with understanding of the nature of the charge. If a defendant refuses to plead or if the court refuses to accept a plea of guilty or guilty but mentally ill or if a defendant corporation fails to appear, that court shall enter a not guilty plea."
In determining the ...
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