Rule 410 is a rule of broad exclusion, different from the other four rules of specialized relevance.
It broadly excludes evidence related to plea bargains and plea bargain statements with only two narrow exceptions of admissibility.
Prohibited Admissions under Rule 410
Guilty Plea: A guilty plea that is later withdrawn.
Nolo Contendere Plea: A plea of no contest.
Voluntariness of Pleas: Statements made in plea proceedings to determine the voluntariness of the pleas.
Plea Discussions: Statements made during plea discussions with a prosecutor.
Exceptions to Rule 410
Completing Partial Accounts: Evidence necessary to complete a partial account of a plea discussion when the defendant introduces evidence from a plea discussion.
Perjury Prosecution: Evidence may be admissible in a perjury prosecution if certain requirements are met.
Preliminary Notes
One-Way Ratchet: Rule 410 only protects defendants. It's not beneficial to prosecutors.
Defendants can introduce statements from plea discussions to show consciousness of innocence.
Concerns exist about deterring prosecutors during plea discussions.
Impeachment: Rule 410 evidence may not be admitted to impeach a criminal defendant.
Plea Discussions with Prosecutors:
Determining when discussions begin is key. Unilateral offers without negotiations might not be protected.
Discussions must be with prosecutors, not police.
Rationale Behind Rule 410
Relevance:
Limited probative value; many reasons exist for considering a plea bargain.
Does not necessarily indicate guilt.
High Risk of Unfair Prejudice:
Juries might see willingness to plea as an indicator of guilt.
Public Policy Considerations
The criminal justice system relies on efficiency through plea bargaining.
Over 95% of criminal cases result in plea bargains.
System not equipped for a significantly higher number of trials.
Solving Multiple Cases:
A single plea bargain might resolve multiple cases (e.g., testimony in another case as part of the bargain).