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26. Which of the following constitutional amendments protects the right to a public trial?
the Sixth, Fifth, and Fourteenth Amendments
CRPR.SAMA.18.13.01 – Understand that jury trials promote fact-finding and check
government power. Know the constitutional rights the trial by jury process must protect.
CRPR.SAMA.18.13.02 – Know the stages of a jury trial and the constitutional amendments
that guarantee defendants the right to a public trial.
27. SCOTUS has held that guilty pleas are:
unconstitutional, as there is no factual basis for the plea.
constitutional, as long as they are made voluntarily and knowingly.
unconstitutional, when they are obtained as a result of plea bargaining.
constitutional, even if the prosecution cannot present enough evidence to establish that there is a factual basis
for the guilty plea.
Conviction by Guilty Plea
CRPR.SAMA.18.13.04 – Understand the difference between straight guilty pleas, negotiated
guilty pleas, charge bargaining, and sentence bargaining. Know the circumstances under
which guilty pleas and plea bargaining are constitutional and the rights that defendants waive
when they enter a guilty plea.
28. According to SCOTUS in North Carolina v. Alford, which is true regarding a plea of guilty?
A defendant’s plea of guilty, when the defendant believes he or she is innocent, can never constitute a
voluntary guilty plea.
The only constitutional requirement is that the guilty plea be voluntary.
A guilty plea must consist of both a waiver of trial and an express admission of guilt.
To pass constitutional muster, a guilty plea must be voluntary and intelligent.
Conviction by Guilty Plea