Is a criminal defendant's plea of guilty a waiver of the Fifth Amendment privilege against self-incrimination?

California, United States of America


The following excerpt is from People v. Isaiah R. (In re Isaiah R.), B299176 (Cal. App. 2020):

A criminal defendant's plea of guilty necessarily involves a waiver of three constitutional rights: (1) the Fifth Amendment privilege against self-incrimination; (2) the right to a trial by jury; and (3) the right to confront one's accusers. The trial court must therefore advise a defendant of these rights before accepting a guilty plea. (Boykin v. Alabama (1969) 395 U.S. 238, 243 [89 S.Ct. 109, 23 L.Ed.2d 274]; In re Tahl (1969) 1 Cal.3d 122, 132.) Each of these three rights "must be specifically and expressly enumerated for the benefit of and waived by the accused prior to acceptance of his guilty plea." (In re Tahl, supra, at p. 132.)

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