- It is a plea without information as to all the circumstances
affecting it; based upon a mistaken assumption or misleading
information or advice.
Duty Of The Court When Accused Pleads Guilty To A Capital Offense:
1. Conduct a searching inquiry into the voluntariness and full
comprehension of the consequences of the plea.
2. Require prosecution to present evidence to prove the guilt and
precise degree of culpability of the accused.
3. Ask the accused if he desires to present evidence in his behalf
and allow him to do so if he desires.
Elements Of Searching Inquiry
1. Judge must convince himself that accused is entering the plea
voluntarily and intelligently
2. Judge must convince himself that there exists a rational bass for
the finding of guilt based on accused’s testimony
3. Inform the accused of the exact length of imprisonment and the
certainty that he will serve it in a national penitentiary
Effects of Improvident Plea
- The conviction will be set aside if the plea of guilty is the
sole basis for the judgment.
However, the court may validly convict the accused if such
conviction is supported by adequate evidence of guilt
independent of the plea itself.