evidence---plea bargain
Posted: Sun Feb 17, 2019 12:09 am
hi, everyone, please see the rule below:
a. Offer to plead guilty—cannot be used against the defendant in the pending criminal case or in subsequent civil litigation based on the same facts.
b. Withdrawn guilty plea—cannot be used against the defendant in the pending criminal case or in subsequent civil litigation based on the same facts.
c. Plea of nolo contendere (“no contest”) —cannot be used against the defendant in subsequent civil litigation based on the same facts.
d. Statements of fact made during any of the above plea discussions.
e. a plea of GUILTY (not withdrawn) is ADMISSIBLE in subsequent litigation based on the same facts under the rule of party admissions.
my question is:
1. is plea of guilty is admissible as plea of guilty or as hearsay exception of party admission? if yes, why only the plea of guilty other than the withdrawal/nolo contendere/offer to plea can not be admissible? I really don't understand.
2. can the discussion in the offer of plea bargain or withdrawn guilty plea be admissible as hearsay exception of party admission or can never be admissible in the subsequent civil litigation even if there is some admission by the party?
3. if the plea of bargain, offer to settlement or offer to pay the medical expense are not admissible as to the responsibility because of violation of the public policy, can the discussion in the above be admissible as the opposing party's admission?
Thanks so much.
a. Offer to plead guilty—cannot be used against the defendant in the pending criminal case or in subsequent civil litigation based on the same facts.
b. Withdrawn guilty plea—cannot be used against the defendant in the pending criminal case or in subsequent civil litigation based on the same facts.
c. Plea of nolo contendere (“no contest”) —cannot be used against the defendant in subsequent civil litigation based on the same facts.
d. Statements of fact made during any of the above plea discussions.
e. a plea of GUILTY (not withdrawn) is ADMISSIBLE in subsequent litigation based on the same facts under the rule of party admissions.
my question is:
1. is plea of guilty is admissible as plea of guilty or as hearsay exception of party admission? if yes, why only the plea of guilty other than the withdrawal/nolo contendere/offer to plea can not be admissible? I really don't understand.
2. can the discussion in the offer of plea bargain or withdrawn guilty plea be admissible as hearsay exception of party admission or can never be admissible in the subsequent civil litigation even if there is some admission by the party?
3. if the plea of bargain, offer to settlement or offer to pay the medical expense are not admissible as to the responsibility because of violation of the public policy, can the discussion in the above be admissible as the opposing party's admission?
Thanks so much.