Criminal ProceduresThe Criminal Process |
What role does a judge have with respect to plea bargaining? |
The judge has the option of approving the plea agreement. Many states have laws that provide that the judge must determine that there is a factual basis for the plea. The judge must also determine that the defendant voluntarily accepts the plea agreement. The U.S. Supreme Court made it a constitutional requirement in
Boykin v. Alabama (1969) for judges to ensure that a defendant’s plea of guilty was truly voluntary.