GPO-CONAN-2017-10-15.pdf

At 180 2056 amendment 14rights guaranteed same

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at 180. 2056 AMENDMENT 14—RIGHTS GUARANTEED
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same results. Finally, the court must conclude that administration of the drugs is in the patient’s best medical interests. Guilty Pleas. —A defendant may plead guilty instead of insist- ing that the prosecution prove him guilty. Often the defendant does so as part of a “plea bargain” with the prosecution, where the de- fendant is guaranteed a light sentence or is allowed to plead to a lesser offense. 1224 Although the government may not structure its system so as to coerce a guilty plea, 1225 a guilty plea that is en- tered voluntarily, knowingly, and understandingly, even to obtain an advantage, is sufficient to overcome constitutional objec- tions. 1226 The guilty plea and the often concomitant plea bargain are important and necessary components of the criminal justice sys- tem, 1227 and it is permissible for a prosecutor during such plea bar- gains to require a defendant to forgo his right to a trial in return for escaping additional charges that are likely upon conviction to result in a more severe penalty. 1228 But the prosecutor does deny due process if he penalizes the assertion of a right or privilege by the defendant by charging more severely or recommending a lon- ger sentence. 1229 1224 There are a number of other reasons why a defendant may be willing to plead guilty. There may be overwhelming evidence against him or his sentence after trial will be more severe than if he pleads guilty. 1225 United States v. Jackson, 390 U.S. 570 (1968). 1226 North Carolina v. Alford, 400 U.S. 25 (1971); Parker v. North Carolina, 397 U.S. 790 (1970). See also Brady v. United States, 397 U.S. 742 (1970). A guilty plea will ordinarily waive challenges to alleged unconstitutional police practices occur- ring prior to the plea, unless the defendant can show that the plea resulted from incompetent counsel. Tollett v. Henderson, 411 U.S. 258 (1973); Davis v. United States, 411 U.S. 233 (1973). But see Blackledge v. Perry, 417 U.S. 21 (1974). The state can permit pleas of guilty in which the defendant reserves the right to raise constitu- tional questions on appeal, and federal habeas courts will honor that arrangement. Lefkowitz v. Newsome, 420 U.S. 283 (1975). Release-dismissal agreements, pursu- ant to which the prosecution agrees to dismiss criminal charges in exchange for the defendant’s agreement to release his right to file a civil action for alleged police or prosecutorial misconduct, are not per se invalid. Town of Newton v. Rumery, 480 U.S. 386 (1987). 1227 Blackledge v. Allison, 431 U.S. 63, 71 (1977). 1228 Bordenkircher v. Hayes, 434 U.S. 357 (1978). Charged with forgery, Hayes was informed during plea negotiations that if he would plead guilty the prosecutor would recommend a five-year sentence; if he did not plead guilty, the prosecutor would also seek an indictment under the habitual criminal statute under which Hayes, because of two prior felony convictions, would receive a mandatory life sentence if convicted. Hayes refused to plead, was reindicted, and upon conviction was sen- tenced to life. Four Justices dissented, id. at 365, 368, contending that the Court had watered down North Carolina v. Pearce, 395 U.S. 711 (1969).
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