Wednesday, March 27, 2013

Types of Pleas Within the Courts

When it comes to information society is privy to, most individuals have only heard of three different pleas: Guilty, Not Guilty, and Nolo Contendere (or the "No Contest" Plea). Now that you're familiar with the Alford Plea, you know that there are really four different types of pleas a defendant can use within the court systems. This post is just to solidify and expand upon what you already know by putting them all side-to-side.

  • Guilty: By using this plea, the defendant admits that he or she committed the crime he or she is being charged with. This is a complete admission of guilt and thus a waiver of all rights for the defendant. This plea requires consent of the court to be used.
  • Not Guilty: With this plea, the defendant denies any and all charges brought up against him or her. Therefore, the court system now has the burden to prove a case against (or for) the defendant beyond a reasonable doubt. 
  • Nolo Contendere (No Contest): This plea means that a defendant does not admit guilt, and will be subjected to punishment as if they entered a guilty plea. This plea is only applicable to the current proceedings. For example, if they enter a Nolo Contendere Plea within a criminal court for assault, the defendant cannot then use the plea for a civil suit against the defendant. This plea, like a guilty plea, also requires consent from the court to be used. 
  • Alford Plea: With the Alford Plea, defendants are virtually using a "Not Guilty" plea--by still maintain their innocence--but will be treated in court as if they have entered a "Guilty" plea. Therefore, the defendant will be subjected to the same punishment as if they entered a guilty plea, though in the majority of cases the Alford Plea allows a defendant to bargain down their sentence. This plea, like the Guilty Plea and Nolo Contendere Plea, must be approved by the court in order to be used--though it is also not accepted in 3 state court systems. 
Also, it's important to note that if a defendant fails to enter a plea (or outright refuses), the court must then enter a plea of "Not Guilty" for the defendant. It also falls on the court to determine that the plea was made voluntarily and did not result from force, threats, or promises. 


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