Evidence: Plea and Plea-Related Statements (Rule 410)
first Edition

Evidence: Plea and Plea-Related Statements (Rule 410)

by Colin Miller

This text is designed for use in a Evidence course as a stand-alone chapter. Specifically, this material covers FRE 410. Federal Rule of Evidence 410 was an attempt to codify common law precedent finding that withdrawn guilty pleas, pleas of nolo contendere, and offers to plead guilty and nolo contendere were inadmissible against an accused. Available under a Creative Commons BY-SA 3.0 License.

Professor Miller teaches Evidence, Criminal Procedure, Criminal Law, and Civil Procedure. He is the creator and Blog Editor of EvidenceProf Blog (http://lawprofessors.typepad.com/evidenceprof/), a member of the Law Professor Blogs Network. He is the Editor of Illinois Criminal Procedure and drafted a 100 page report comparing the Federal Rules of Evidence to Illinois evidentiary principles, which was used in the creation of the first Illinois Rules of Evidence.

Professor Miller received his B.A. degree with distinction from the University of Virginia and his J.D. (Order of the Coif) from the William & Mary Law School.

Colin Miller, Plea and Plea-Related Statements, Published by CALI eLangdell Press. Available under a Creative Commons BY-SA 3.0 License.

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Introduction. Evidence: Plea and Plea-Related Statements
Introduction.1 - About the Author
Introduction.2 - About eLangdell Press
Introduction.3 - Notices
Chapter One. Plea and Plea-Related Statements
1.1 - The Rule
1.2 - Historical Origins
1.3 - Prohibited Evidence Under the Rule
1.3.1 - Rule 410(a)(1) and withdrawn guilty pleas
1.3.2 - Rule 410(a)(2) and nolo contendere pleas
1.3.3 - Federal Rule of Evidence 410(a)(3) and statements made during plea proceedings
1.3.4 - Rule 410(a)(4) and statements made during plea discussions
1.4 - Permissible Evidence Under the Rule
1.4.1 - Rule 410(b)(1) and the rule of completeness
1.4.2 - Rule 410(b)(2) and perjury/false statement proceedings
1.5 - Waivers
1.6 - Rule 410 Motions