Public-domain · open source
OpenJurist

waiver by guilty plea

Defined in 1 dictionary — Case Law

Definitions from Case Law

United States Supreme Court

Several federal constitutional rights are involved in a waiver that takes place when a plea of guilty is entered in a state criminal trial. First, is the privilege against compulsory self-incrimination guaranteed by the Fifth Amendment and applicable to the States by reason of the Fourteenth. Second, is the right to trial by jury. Third, is the right to confront one's accusers. We cannot presume a waiver of these three important federal rights from a silent record.

Defined by the Supreme Court in - Boykin v. Alabama, 395 U.S. 238 (1969).