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All Jurisprudence based

0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises

An accused charged with robbery with violence is arraigned in a rural municipality. The accused is illiterate and speaks a local dialect; a neighbor's whispered suggestions and insinuations from the prosecution accompany pressure. A translator is present, but the translator’s explanations of the elements and possible penalties are incomplete and occasionally misleading. Under these circumstances, the accused answers, “Guilty,” and the court accepts the plea without a meaningful inquiry into the elements or the consequences of a guilty plea. The defense later moves to treat the plea as improvident. (a) Identify the doctrine at issue. (b) Distinguish the improvident plea remedy from other plea-related remedies and explain when it applies. (c) Apply to the facts: should the court set aside the plea and re-arraign? If yes, what steps should follow and what would be the effect on the proceeding?

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Trial de novo as the remedy for a defective arraignment; the case is retried on the merits with a proper arraignment and full inquiry into elements and penalties. Double jeopardy; the subsequent proceedings cannot culpably convict based on a prior improvident plea, so the case must be dismissed. Remand for evaluation of the translator’s competence; if found deficient, the trial must be postponed to secure reliable translation and a new arraignment before a properly informed judge. The improvident plea doctrine; the court should set aside the plea and re-arraign the accused, appoint counsel if needed, require a full, on-the-record inquiry into the elements and penalties, and proceed from the arraignment anew with a proper plea; the prior plea has no binding effect.

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