NCJ Number
56340
Journal
UCLA Law Review Volume: 26 Issue: 2 Dated: (DECEMBER 1978) Pages: 360-395
Date Published
1978
Length
36 pages
Annotation
A GUILTY PLEA TRADITIONALLY CONSTITUTES A WAIVER OF A DEFENDANT'S RIGHT TO APPEAL A CONVICTION ON GROUNDS OTHER THAN JURISDICTIONAL VIOLATIONS. THE THREE METHODS CURRENTLY USED TO CIRCUMVENT THIS ARE EXAMINED.
Abstract
THE FACTORS BEHIND THE DEVELOPMENT OF THIS TRADITIONAL RULE ARE EXAMINED, AND REASONS WHY MODIFICATION IS DESIRABLE IN LIGHT OF PRESENT-DAY PLEA BARGAINING PRACTICE ARE LISTED. THE CONCEPT THAT A GUILTY PLEA CONSTITUTES A WAIVER OF ALMOST ALL RIGHTS ASSOCIATED WITH A TRIAL DEVELOPED WHEN THE CRIMINAL JUSTICE SYSTEM WAS CONSIDERED AN ADVERSARIAL CONFRONTATION. THIS IS NO LONGER TRUE. BECAUSE IN SOME COURTS THE NUMBER OF CASES SETTLED BY GUILTY PLEAS MAY BE AS HIGH AS 90 PERCENT, DEFENDANTS USE ONE OF THREE METHODS TO PRESERVE THE RIGHT TO APPEAL A NONJURISDICTIONAL ISSUE. SOME STATES AND A FEW CIRCUITS OF THE FEDERAL COURT ALLOW A 'CONDITIONED PLEA OF GUILTY.' THIS IS AN AGREEMENT BETWEEN THE DEFENDANT, THE PROSECUTOR, AND THE TRIAL COURT WHICH ALLOWS PRESERVATION OF SPECIFIC NONJURISDICTIONAL ISSUES FOR APPELLATE REVIEW IN EXCHANGE FOR THE PLEA OF GUILTY. SOME FEDERAL CIRCUIT COURTS AND STATE COURTS HAVE REJECTED THIS ROUTE, INSTEAD THEY ALLOW A DEFENDANT TO APPEAL BY PLEADING NOT GUILTY AND STIPULATING THE FACTS IN THE PRELIMINARY EXAMINATION TRANSCRIPT. THIS IS CALLED A 'SLOW PLEA' OR A 'STIPULATION ON TRANSCRIPT' IN THE CALIFORNIA COURTS. OTHER STATES USE A THIRD PROCEDURE WHICH STATUTORILY EXEMPTS ALLEGED ILLEGAL SEARCH AND SEIZURE ISSUES FROM THE COMMON LAW WAIVER RULE. THE PROBLEMS INHERENT IN EACH METHOD ARE DOCUMENTED. IT IS CONCLUDED THAT THE MOST EFFECTIVE ROUTE WOULD BE LEGISLATION EXEMPTING SPECIFIC NONJURISDICTIONAL ISSUES FROM THIS TRADITIONAL RULE. THERE ARE 157 FOOTNOTES CONTAINING CASE CITATIONS AND REFERENCES. (GLR)