DUE PROCESS - GUILTY PLEAS - CONSTITUTIONAL STANDARDS OF VOLUNTARINESS WERE NOT SATISFIED BY A PLEA OF GUILTY WHERE DEFENDANT WAS UNAWARE THAT INTENT TO KILL WAS AN ESSENTIAL ELEMENT OF THE CRIME

• NCJ Number: 38798
• Journal: American Journal of Criminal Law Volume: 5 Issue: 1 Dated: (JANUARY 1977) Pages: 105-120
• Author(s): J ELGER
• Date Published: 1977
• Length: 16 pages
• Corporate Author: University of Texas
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE SUPREME COURT RULING IN HENDERSON V MORGAN (1976) VACATING THE PETITIONER'S 1955 SECOND DEGREE MURDER CONVICTION, HOLDING THAT COURT AND COUNSEL HAD NOT INFORMED HIM THAT INTENT WAS AN ELEMENT OF THE CRIME.

Abstract

THE AUTHOR EXAMINES THE JUDICIAL DEVELOPMENT OF THE GUILTY PLEA PROCESS USED IN THE US AND ANALYZES THE TWO-PRONG TEST DEVELOPED BY THE COURT FOR DETERMINING WHETHER THE CONSTITUTIONAL PLEA OF GUILTY IS MET IN A GIVEN CASE. HE CONCLUDES THAT, DUE TO VAGUENESS OF LANGUAGE IN THE MAJORITY OPINION, STATE TRIAL COURTS SHOULD FOLLOW THE PROCEDURES OF RULE 11 OF THE FEDERAL RULES OF CRIMINAL PROCEDURE UNTIL CLEARER GUIDANCE IS PROVIDED BY THE COURT.