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Plea

society Maturity 11-13 Next article →

A plea is a formal answer to a criminal charge. When a person is accused of a crime, they must respond to the court. Most people choose between two main options: guilty or not guilty. A guilty plea means the person admits to the crime. A not guilty plea means they do not admit it.

In some places, a person might use a nolo contendere plea. This is also called "no contest." It means the person does not admit or deny the crime. It has the same immediate effect as a guilty plea because the trial avoids deciding if they are guilty.

Sometimes, people make deals called plea bargains. This is a way to reach an agreement between the prosecutor and the defendant. The defendant agrees to plead guilty in exchange for a more lenient punishment. They might even have related charges dropped.

These deals are very common in the United States. Other countries use different versions of this. In the United Kingdom and Germany, the timing of the plea is very important. If a person pleads guilty early, they might get a bigger reduction in their punishment.

History shows that the way people enter pleas has changed over time. Long ago, the rules were much harsher. During an arraignment, a person was often expected to answer "By God and my country." If a person refused to answer, it was called "standing mute."

In the past, people were sometimes even tortured to make them speak. For example, in 1692, a man named Giles Corey was pressed until he died because he would not answer. This was done in cases of felony or piracy. Eventually, these harsh methods were stopped by a law in 1772.

Today, there are many specific rules for how pleas work in the United States. A guilty plea must be "voluntary and intelligent." This means the person must choose it freely and understand their rights.

A judge often holds a plea colloquy to ask the person questions. They want to make sure the person knows the consequences of their plea. In the case of Padilla v. Kentucky in 2010, the Supreme Court said lawyers must tell defendants about immigration consequences. This helps ensure the person truly understands what they are doing.

There are also special types of pleas used to stop a case. Some pleas claim that a case cannot move forward for a specific reason. For instance, a person might use the plea of "autrefois convict." This is used if they have already been tried for the same charge.

Other pleas address errors in the legal paperwork or the court's power. In the United Kingdom, a lawyer might use a "plea in mitigation." This is when they tell the judge about special circumstances. They hope this will result in a smaller punishment for the person.

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