Except as otherwise provided by law, evidence of the following shall not, in any judicial or administrative proceeding, be admissible against the criminal defendant who made the plea or was a participant in the plea discussions:
provided, however, that the statements described in paragraphs (1) through (4) of this Code section shall be admissible in any proceeding wherein another statement made in the course of the same plea or plea discussions has been introduced and the statement ought in fairness be considered contemporaneously with it or in a criminal proceeding for perjury or false statement if the statement was made by the accused under oath, on the record, and in the presence of counsel or after the accused voluntarily waived his or her right to counsel.
History. Code 1981, § 24-4-410 , enacted by Ga. L. 2011, p. 99, § 2/HB 24.
Cross references.
Pleas, plea discussions, and related statements, Fed. R. Evid. 410.
Editor’s notes.
In light of the reenactment of this Title, effective January 1, 2013, the reader is advised to consult the annotations following Code Sections 17-7-93 and 17-7-95, which may also be applicable to this Code section.
Law reviews.
For article, “The Meaning of a Misdemeanor in a Post-Ferguson World: Evaluating the Reliability of Prior Conviction Evidence,” see 54 Ga. L. Rev. 927 (2020).
Structure Georgia Code
Chapter 4 - Relevant Evidence and Its Limits
§ 24-4-401. “Relevant Evidence” Defined
§ 24-4-402. Relevant Evidence Generally Admissible; Irrelevant Evidence Not Admissible
§ 24-4-403. Exclusion of Relevant Evidence on the Grounds of Prejudice, Confusion, or Waste of Time
§ 24-4-404. Character Evidence Not Admissible to Prove Conduct; Exceptions; Other Crimes
§ 24-4-405. Methods of Proving Character
§ 24-4-406. Habit; Routine Practice
§ 24-4-407. Subsequent Remedial Measures
§ 24-4-408. Compromises and Offers to Compromise
§ 24-4-409. Payment of Medical and Similar Expenses
§ 24-4-410. Inadmissibility of Pleas, Plea Discussions, and Related Statements
§ 24-4-411. Liability Insurance
§ 24-4-413. Evidence of Similar Transaction Crimes in Sexual Assault Cases
§ 24-4-414. Evidence of Similar Transaction Crimes in Child Molestation Cases
§ 24-4-416. Statements of Sympathy in Medical Malpractice Cases
§ 24-4-417. Evidence of Similar Acts in Prosecutions for Violations of Code Section 40-6-391
§ 24-4-418. Admissibility of Criminal Gang Activity, Disclosure
§ 24-4-419. Admission of Criminal History Record Information