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0 tracked cards Remedial Law, Legal and Judicial Ethics, with Practical Exercises
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Under Rule 118, in a criminal case the prosecution and the accused sign a written pre-trial agreement with terms: (i) the prosecution will drop one related charge; (ii) the accused will plead guilty to a lesser offense; (iii) the defense will not present a named eyewitness and will admit stipulated facts. The court, after a brief inquiry, approves the agreement in writing. Later, the accused claims he did not fully understand the terms due to a severe medical condition and asserts his counsel coerced him into signing. The trial proceeds and sentencing is 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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