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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Under Rule 118 of the Rules of Court, in a criminal case the prosecution and the accused sign a written pre-trial agreement with these terms: (i) the prosecution will drop a related charge arising from the same act; (ii) the accused will plead guilty to a lesser offense; (iii) the defense will stipulate to certain evidentiary facts and will forego presenting a particular defense witness. The court, after a brief inquiry, approves the agreement in writing. Later, the accused claims he did not truly understand the terms and asserts that his counsel coerced him into signing. The trial proceeds and the sentence is imposed in accordance with the agreement.
(a) Identify the controlling doctrine and the essential elements for a valid pre-trial agreement.
(b) Is the pre-trial agreement binding on the accused and the court? What standards govern voluntariness and due process in this context?
(c) If the accused proves lack of voluntary consent, what remedies are available to protect his rights and ensure a fair trial?

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