Amending Rule 15.3 of the Mississippi Rules of Criminal Procedure to Fully Capture Boykin v. Alabama and Acknowledge Systemic Coercion Indigent Defendants Face in Mississippi

Authors

Sarina P. LarsonFollow

Publication Date

Spring 1-1-2025

Abstract

The U.S. Constitution—not a state—is what governs questions of constitutionality. It follows that for a state court to make a constitutionally sufficient record of a defendant’s waiver at their plea, the complete interpretation as to sufficiency by the United States Supreme Court must be followed. This Comment stands for the proposition that when Rule 15.3 of the Mississippi Rule of Criminal Procedure was adopted in 2017, it misinterpreted the call of the United States Supreme Court in Boykin v. Alabama, 395 U.S. 238 (1969). Ultimately, this Comment suggests amendments to Rule 15.3 that would place it in compliance with Boykin, and concurrently account for unique systemic coercion indigent defendants face in Mississippi—the third most incarcerated state in the world as of 2024.

Recommended Citation

Larson, Sarina P. (2025) "Amending Rule 15.3 of the Mississippi Rules of Criminal Procedure to Fully Capture Boykin v. Alabama and Acknowledge Systemic Coercion Indigent Defendants Face in Mississippi," Mississippi College Law Review: Vol. 42: Iss. 1, Article 12.
Available at: https://dc.law.mc.edu/lawreview/vol42/iss1/12