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Question
An accused charged with robbery with murder is arraigned in a municipality court in a remote area. The accused is not represented by counsel, has limited education, and relies on a translator. The translator’s explanations of the elements and potential penalties are incomplete and sometimes misleading. Under pressure from a neighbor and with subtle insinuations from the prosecution, the accused says, “Guilty,” and the court accepts the plea without a clear inquiry into the elements or the consequences of a guilty plea. The defense later moves to treat the plea as improvident. (a) Identify the doctrine at issue. (b) Distinguish the improvident plea remedy from other plea-related remedies and explain when it applies. (c) Apply to the facts: should the court set aside the plea and re-arraign? If yes, what steps should follow and what would be the effect on the proceeding?