Improving the Tender of Plea Colloquy for Defendants

• In Event: Engaging the Defendant: Strategies for Effective Communication in Critical Legal Conversations

Abstract

Defendants who choose to plead guilty or nolo contendere must participate in a hearing with the trial judge to ensure that the defendant’s decision is knowing, voluntary, and informed. Research shows, however, that defendants often fail to understand the terms of their plea agreement or fail to realize the rights they are waiving when they enter a plea agreement. In 2023-2024, the National Center for State Courts (NCSC) used artificial intelligence tools to analyze 120 Tender of Plea forms’ content, comprehensibility, and readability. This session will present the data and methods and report on recommended language and content for practitioners to use to protect defendants from entering plea agreements without being fully aware of the consequences.

Authors

• Rory Monaghan, National Center for State Courts

• Andre Assumpcao, National Center for State Courts

• Niki Hotchkiss, National Center for State Courts

• Heather Caspers, National Center for State Courts