Evidence Digests for Finals

8/9/2019 Evidence Digests for Finals

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(4) Inform the accused of the exact length of imprisonment

or nature of the penalty under the law and the certainty that he

will serve such sentence. For not infrequently, an accused pleads

g ilt in the hope of a lenient treatment or pon bad ad ice or

the judge to ensure that the accused does not labor under these

mistaken impressions because a plea of guilty carries with it not

only the admission of authorship of the crime proper but also of

the aggravating circumstances attending it that increase


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guilty in the hope of a lenient treatment or upon bad advice or

because of promises of the authorities or parties of a lighter

penalty should he admit guilt or express remorse. It is the duty of

the judge to ensure that the accused does not labor under these

mistaken impressions because a plea of guilty carries with it notonly the admission of authorship of the crime proper but also of

the aggravating circumstances attending it, that increase

punishment.

Such procedure falls short of the exacting guidelines in the conduct of a searching

inquiry, as follows:

(1) Ascertain from the accused himself (a) how he was

brought into the custody of the law; (b) whether he had the

assistance of a competent counsel during the custodial and

preliminary investigations; and (c) under what conditions he was

detained and interrogated during the investigations. This is

intended to rule out the possibility that the accused has been

coerced or placed under a state of duress either by actual threats

of physical harm coming from malevolent quarters or simply

because of the judges intimidating robes.

(2) Ask the defense counsel a series of questions as to

whether he had conferred with, and completely explained to, the

accused the meaning and consequences of a plea of guilty.

(3) Elicit information about the personality profile of theaccused, such as his age, socio-economic status, and educational

background, which may serve as a trustworthy index of his

capacity to give a free and informed plea of guilty.

(4) Inform the accused of the exact length of imprisonment

or nature of the penalty under the law and the certainty that he

will serve such sentence. For not infrequently, an accused pleads

guilty in the hope of a lenient treatment or upon bad advice or

because of promises of the authorities or parties of a lighterpenalty should he admit guilt or express remorse. It is the duty of

the aggravating circumstances attending it, that increase

punishment.


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Evidence Digests for Finals

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