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boykinization

English translation: The reading of the rights to a defendent.

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GLOSSARY ENTRY (DERIVED FROM QUESTION BELOW)
English term or phrase:boykinization
English translation:The reading of the rights to a defendent.
Entered by: Gayle Wallimann
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19:51 Jan 29, 2002
English to English translations [Non-PRO]
Law/Patents
English term or phrase: boykinization
In LA law, what does boykinization mean?
julia
The reading of the rights to a defendent.
Explanation:
Under Boykin v. Alabama, 395 U.S. 238 (1969), a guilty plea must be voluntarily, understandingly, and intelligently entered in order to withstand constitutional challenge. To establish that a plea was voluntary and intelligent, Boykin requires that a criminal defendant be warned of his constitutional rights to trial by jury, to confrontation, and to protection against self-incrimination. A waiver of these fundamental rights requires an intentional relinquishment of the rights, and cannot be presumed from a silent record. Boykin v. Alabama, 395 U.S. 238, 243 (1969)(quoting Johnson v. Zerbst, 304 U.S. 458, 464 (1938)).

A defendant can then waive his rights after having been notified of all his rights.

The state has the burden to prove that the defendant's plea was taken in
compliance with
Boykin's
requirement that the defendant expressly and knowingly
waived her rights when she entered her guilty plea to the predicate offenses.
Selected response from:

Gayle Wallimann
Local time: 23:32
Grading comment
I really appreciate your answer. It was easy to understand.

Thank you for your time.
4 KudoZ points were awarded for this answer

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Summary of answers provided
5 +1The reading of the rights to a defendent.
Gayle Wallimann
3 +1Explanation to accused of consequences of entering a plea of Guilty
Jack Doughty


  

Answers


55 mins   confidence: Answerer confidence 3/5Answerer confidence 3/5 peer agreement (net): +1
Explanation to accused of consequences of entering a plea of Guilty


Explanation:
I'm not sure of the precise meaning of this, but Google searches for "boykinization" and "Boykin" indicate that the Boykin case (in Alabama) is one that can be cited as a precedent (including specifically in LA) in the matter of whether or not the accused has had explained to him the consequences of entering a Guilty plea.

Jack Doughty
United Kingdom
Local time: 22:32
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 4134

Peer comments on this answer (and responses from the answerer)
agree  Werner George Patels, M.A., C.Tran.(ATIO)
0 min
Login to enter a peer comment (or grade)

1 hr   confidence: Answerer confidence 5/5 peer agreement (net): +1
The reading of the rights to a defendent.


Explanation:
Under Boykin v. Alabama, 395 U.S. 238 (1969), a guilty plea must be voluntarily, understandingly, and intelligently entered in order to withstand constitutional challenge. To establish that a plea was voluntary and intelligent, Boykin requires that a criminal defendant be warned of his constitutional rights to trial by jury, to confrontation, and to protection against self-incrimination. A waiver of these fundamental rights requires an intentional relinquishment of the rights, and cannot be presumed from a silent record. Boykin v. Alabama, 395 U.S. 238, 243 (1969)(quoting Johnson v. Zerbst, 304 U.S. 458, 464 (1938)).

A defendant can then waive his rights after having been notified of all his rights.

The state has the burden to prove that the defendant's plea was taken in
compliance with
Boykin's
requirement that the defendant expressly and knowingly
waived her rights when she entered her guilty plea to the predicate offenses.



    Reference: http://www.la-fcc.org
    Reference: http://www.hatemonitor.org
Gayle Wallimann
Local time: 23:32
Native speaker of: Native in EnglishEnglish
PRO pts in pair: 172
Grading comment
I really appreciate your answer. It was easy to understand.

Thank you for your time.

Peer comments on this answer (and responses from the answerer)
agree  Tatiana Neroni
48 days
Login to enter a peer comment (or grade)




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