NCJ Number
113984
Journal
Loyola University of Chicago Law Journal Volume: 19 Issue: 3 Dated: (Spring 1988) Pages: 855-931
Date Published
1988
Length
77 pages
Annotation
When a criminal defendant enters a guilty plea, he is afforded certain Federal constitutional protections. This article compares Illinois Supreme Court decisions on guilty plea proceedings with the standards set down by the Supreme Court of the United States.
Abstract
In pleading guilty to a charge, a defendant waives his right to challenge the charge at trial and to appeal the judgment of conviction. These waivers constitute a loss of constitutionally guaranteed rights. The Supreme Court has said that it is important that the trial judge ensure that the defendant understands the crime he is accused of, possible sentences, and what it means to waive trial and appeal rights. The trial judge must also determine if the defendant's plea is voluntary and supported by facts. A study of Illinois case law indicated that although many Illinois decisions comply with U.S. Supreme Court standards on guilty pleas, several decisions express tolerance of a judge's failure to carry out these responsibilities. These cases appear to shift the emphasis from the judge's responsibility to the defendant's ability to understand the nature and consequences of his plea. The article criticizes Illinois Supreme Court Rule 402 and recommends that Illinois trial judges fully admonish defendants about the consequences of their pleas and establish for the record that the defendant actually understands what is involved in the guilty plea. 711 footnotes.