Colloquy (law)
Encyclopedia
In law
, a colloquy is a routine, highly formalized conversation
. Conversations among the judge
and lawyer
s (as opposed to testimony
under oath
) are colloquys. The term can be applied to the conversation that takes place when a defendant enters into a plea bargain
and the judge is supposed to verify that the defendant understands that they are waiving their right to a jury trial
.
In criminal court
, a colloquy is an investigation within a defendant
's plea to reassure that the plea was given knowingly, voluntarily, and intelligently. Defendant needs to understand the charges against him, the penalties that he will face, and his rights before entering into a guilty plea. In the United States, that includes describing the rights guaranteed by the 5th and 6th Amendments as well as a caution that non-citizens who are convicted of crimes risk expulsion from the country.
A Defendant who denies guilt may still "plead down" (lesser offense than accusation) but:
1) Provided Court allows it.
2)Provided accused intelligently concludes on an open record that a plea is in her/his best interest. (e.g. avoiding incarceration, a more serious charge/convicton).
Law
Law is a system of rules and guidelines which are enforced through social institutions to govern behavior, wherever possible. It shapes politics, economics and society in numerous ways and serves as a social mediator of relations between people. Contract law regulates everything from buying a bus...
, a colloquy is a routine, highly formalized conversation
Conversation
Conversation is a form of interactive, spontaneous communication between two or more people who are following rules of etiquette.Conversation analysis is a branch of sociology which studies the structure and organization of human interaction, with a more specific focus on conversational...
. Conversations among the judge
Judge
A judge is a person who presides over court proceedings, either alone or as part of a panel of judges. The powers, functions, method of appointment, discipline, and training of judges vary widely across different jurisdictions. The judge is supposed to conduct the trial impartially and in an open...
and lawyer
Lawyer
A lawyer, according to Black's Law Dictionary, is "a person learned in the law; as an attorney, counsel or solicitor; a person who is practicing law." Law is the system of rules of conduct established by the sovereign government of a society to correct wrongs, maintain the stability of political...
s (as opposed to testimony
Testimony
In law and in religion, testimony is a solemn attestation as to the truth of a matter. All testimonies should be well thought out and truthful. It was the custom in Ancient Rome for the men to place their right hand on a Bible when taking an oath...
under oath
Oath
An oath is either a statement of fact or a promise calling upon something or someone that the oath maker considers sacred, usually God, as a witness to the binding nature of the promise or the truth of the statement of fact. To swear is to take an oath, to make a solemn vow...
) are colloquys. The term can be applied to the conversation that takes place when a defendant enters into a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
and the judge is supposed to verify that the defendant understands that they are waiving their right to a jury trial
Jury trial
A jury trial is a legal proceeding in which a jury either makes a decision or makes findings of fact which are then applied by a judge...
.
In criminal court
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
, a colloquy is an investigation within a defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
's plea to reassure that the plea was given knowingly, voluntarily, and intelligently. Defendant needs to understand the charges against him, the penalties that he will face, and his rights before entering into a guilty plea. In the United States, that includes describing the rights guaranteed by the 5th and 6th Amendments as well as a caution that non-citizens who are convicted of crimes risk expulsion from the country.
A Defendant who denies guilt may still "plead down" (lesser offense than accusation) but:
1) Provided Court allows it.
2)Provided accused intelligently concludes on an open record that a plea is in her/his best interest. (e.g. avoiding incarceration, a more serious charge/convicton).