Idaho Annotated Plea Litany (Judge Windmill) is a document created by the Idaho Supreme Court to provide guidance for judges presiding over criminal plea bargaining. It is a comprehensive list of elements and legal considerations judges must consider when approving or denying plea deals. The list includes topics such as: the defendant's right to counsel, the nature and amount of evidence, the defendant's understanding of the plea agreement, the effect of the plea on the defendant's civil rights, and the defendant's mental condition. The list also contains considerations regarding sentencing, including how the plea affects the applicable sentencing guidelines and the range of sentences available. The Idaho Annotated Plea Litany (Judge Windmill) is divided into two parts: Part A contains the relevant considerations for judges to consider when approving or denying plea deals and Part B contains additional considerations for more complex cases.
Idaho Annotated Plea Litany (Judge Winmill)
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(1) In General. A defendant may plead guilty or not guilty. If a defendant refuses to plead or if a defendant corporation fails to appear, the court must direct the entry of a plea of not guilty.
Plea bargaining usually involves the defendant's pleading guilty to a lesser charge, or to only one of several charges. It also may involve a guilty plea as charged, with the prosecution recommending leniency in sentencing. The judge, however, is not bound to follow the prosecution s recommendation.
GUILTY PLEA ADVISORY. You have the right to remain silent. You do not have to say anything about the crime(s) you are accused of committing. If you elected to have a trial, the state could not call you as a witness or ask you any questions.
Judges also benefit from plea bargaining. The practice allows judges to preside over efficient trials, to minimize the risk of rulings being overturned on appeal, and to avoid the necessity of making rulings during trial.
No Contest or "Nolo Contendere" The principal difference between a plea of guilty and a plea of nolo contendere is that the latter may not be used against the defendant in a civil action based on the same acts.
When a person is charged with a crime, they must answer to that charge in court during an arraignment. This formal answer is called a plea. A defendant can either admit to the charges by pleading guilty or deny the charges by pleading not guilty.
A plea bargain is an agreement between a prosecutor and defendant that relies upon the defendant pleading guilty to some or all charges. Defendants are advised by their counsel to accept the terms of a plea bargain if it is seen as beneficial to the defendant.
A plea hearing, which occurs before a judge with all parties present, is the step right before the trial itself. It's the forum for any last-ditch efforts to get the case resolved without the need for a costly and oftentimes burdensome trial.