Public Policy Doctrines For The Exclusion of Relevant Evidence - Offers To Plead Guilty To A Crime

Offers To Plead Guilty To A Crime

FRE 410 holds that (1) withdrawn guilty pleas; (2) nolo contendere pleas; (3) statements made during proceedings regarding guilty pleas; (4) statements made during proceedings regarding nolo contendere pleas; (5) and statements made during plea discussions with an attorney present are inadmissible for public policy reasons even if they are relevant. The motivation behind excluding such pleas from evidence is to encourage plea bargaining.

Two FRE-contained exceptions apply to this rule: criminal pleas, plea discussions, and related statements are admissible (i) in any proceeding where another statement made in the course of the same plea or plea discussion has been introduced and the statement ought in fairness be considered contemporaneously with it, or (ii) in a criminal proceeding for perjury or false statement if the statement was made by the defendant under oath, on the record, and in the presence of counsel.

Additionally, a criminal defendant may waive inadmissibility protections, rendering criminal pleas, plea discussions, and related statements admissible at trial. It is a common practice for prosecutors drawing up plea deals to include terms requiring the defendant to agree that statements made in the course of plea negotiations may be used to impeach the testimony of that defendant, to protect against the possibility of the defendant later changing her story.

• Note that if a defendant chooses not withdraw her guilty plea, this is an admission by a party opponent and may be admitted into evidence in subsequent civil proceedings.