Does a jury have a duty to ascertain that a guilty plea is voluntary before accepting the plea?

MultiRegion, United States of America

The following excerpt is from Zaragoza v. Stainer, 77 F.3d 491 (9th Cir. 1996):

Generally, a trial court has a duty to ascertain that a guilty plea is voluntary before accepting the plea. Boyken v. Alabama, 89 S.Ct. 1709, 1711 (1969). Because the guilty plea constitutes a waiver of several constitutional rights (e.g. privilege against self incrimination; right to trial by jury; right to confront one's accusers), the inquiry into voluntariness is constitutionally mandated. Id. at 1712.

Other Questions


Can a defendant who pleads guilty upon the advice of counsel challenge the voluntary and intelligent character of the guilty plea? (MultiRegion, United States of America)
What is the test for compliance with Section 11 of the Criminal Code in accepting a guilty plea? (MultiRegion, United States of America)
Does a federal court have to accept or reject a guilty plea for abuse of discretion? (MultiRegion, United States of America)
What is the test for a plea of voluntary and intelligently pleading guilty to a charge of possession of a drug with intent to pervert the course of justice? (MultiRegion, United States of America)
Does the waiver rule apply in cases where a guilty plea was not voluntary? (MultiRegion, United States of America)
Can a federal court vacate a guilty plea after accepting it? (MultiRegion, United States of America)
What is the test for accepting a plea of guilty under Rule 11 of the Criminal Code? (MultiRegion, United States of America)
Is a federal court right not to accept a guilty plea for abuse? (MultiRegion, United States of America)
When will a judge reassign a defendant to a different judge after a finding that his guilty plea was not voluntary? (MultiRegion, United States of America)
What if a federal court accepts a guilty plea to a charge of sexual assault? (MultiRegion, United States of America)
X



Alexi white


"The most advanced legal research software ever built."

Trusted by top litigators from across North America.