Inadmissibility of PleasFederal Rule of Criminal
Federal Rule of Criminal Procedure 11(e) bars the use in evidence
the following (with exceptions) in any civil or criminal proceeding against
person who made them:|
- a plea of guilty which was later withdrawn;
- a plea of nolo contendere;
- any statement made in the course of any proceeding under Federal Rule of
Criminal Procedure 11 regarding a plea of guilty or nolo contendere; and
- any statement made in the course of plea discussions with an attorney
government which discussions do not result in a plea of guilty or result in
plea of guilty later withdrawn.
Such evidence is admissible, however,
This is modeled after Federal Rule of Evidence 410. The Supreme Court
held that the protections of Federal Rule of Criminal Procedure 11(e)(6) can
waived, at least to the extent of permitting use of statements made during
negotiations for impeachment. See United States v.
S. Ct. 797 (1995).
- in any proceeding wherein another statement made in the course of the
plea or plea discussions has been introduced and the statement ought in
to be considered contemporaneously with it; or
- in a criminal proceeding for perjury or false statement if the statement
made by the defendant under oath, on the record, and in the presence of
[cited in USAM 9-16.001; USAM 9-16.400]