Evidence Bar Practice Exam

Question: 1 / 400

When can an actual plea of guilty that was not withdrawn be deemed admissible?

In criminal cases only

In subsequent litigation based on the same facts

An actual plea of guilty that was not withdrawn can be deemed admissible in subsequent litigation based on the same facts because it reflects an admission of guilt concerning the underlying conduct that led to the charge. Such a plea is considered a declaration against interest and carries significant evidentiary weight. In subsequent civil litigation, for instance, the plea may be used to establish liability or negligence, as it indicates a recognition of wrongdoing by the defendant.

This admissibility principle arises from the notion that a guilty plea constitutes a formal acknowledgment of responsibility for a crime, and it is thus a substantial piece of evidence, particularly in civil cases that may arise from the same incident. This utilization within subsequent cases helps ensure judicial efficiency and coherence in the legal process, allowing the courts to consider prior admissions when more than one claim is derived from a similar set of facts.

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When the defendant is testifying

In civil cases for the same incident

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