Part I: The juridical nature of the guilty plea
Introduction to Part I
Chapter 1. Historical development of the guilty plea process
1. Precursors of the guilty plea in early trial process
2. The development of the guilty plea
3. Early continental procedure
4. Summary
Chapter 2. The mechanics of the guilty plea
1. Arraignment
2. Defendant to plead separetly to every count
3. Guilty plea by defendant's counsel
4. Who should enter a conviction on a guilty plea
5. Equivocal pleas
6. Pleading guilty to a lesser or included offensce (a) Pleading guilty to a lesser or included offence charged
(b) Pleading guilty to a lesser or included offence not charged
7. Evidence at the sentencing hearing
Chapter 3. Legal challenges to the validity of the guilty plea
1. Withdrawal of a plea of guilty
(a) Withdrawal of the plea prior to sentencing
(b) Change of plea on a trial de novo
(c) Rejection of a plea over the accused's objection
(d) Withdrawal of a plea after sentence, on appeal
(e) Summary
2. Indicia of the acceptability or unacceptability of the guilty plea
3. Summary
Chapter 4. The guilty plea as an evidentiary device
1. The guilty plea as an admission
2. The guilty plea as evidence against a co-accused
3. The admissibility of a rejected or withdrawn guilty plea
(a) Rejected guilty plea to other offence
(b) Rejected guilty plea to the offence charged
(c) Admissibility at a new trial of evidence from the first trial
4. The admissibility of the guilty plea in civil proceedings
Conclusion to Part I
Part II: Critique of summary process by guilty plea
Introduction to Part II
Chapter 5. The element of coercion in the guilty plea process
1. The effect of the guilty plea on sentencing
(a) The guilty plea as a plea in mitigation
(b) Barained guilty pleas and sentencing
2. Accuracy, voluntariness and plea bargaining
(a) Plea bargaining in Canada
(b) Plea bargaining in England
(c) Plea bargaining in the United States
3. Summary
Chapter 6. The constitutionalization of the guilty plea
1. Procedural fairness under the charter
(a) The right against self-incrimination
(b) The principles of fundamental justice
(c) Summary
2. Waiver of constitutional rights by guilty plea
3. Constitutional rights affected b guilty plea in the United States
4. Waiver of rights by guilty plea in the United States
5. Summary
Chapter 7. Reevaluation and reform of the guilty plea process
1. The adversarial model and the reality of the guilty plea
2. The inquisitorial or non-adversarial model
3. Setting standards for the guilty plea process
Conclusion