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In law, a plea is a defendant's response to a criminal charge. A defendant may plead guilty or not guilty. Depending on jurisdiction, additional pleas may be available, including nolo contendere (no contest), no case to answer (in the United Kingdom), or an Alford plea (in the United States).
Under common law systems, a defendant who pleads guilty will be Conviction if the court accepts the plea. The court will then determine and impose a sentence. involves discussions between the prosecutor and defendants to reach an agreement for a guilty plea in exchange for a more lenient punishment.
In civil law jurisdictions, a confession by the defendant is treated like any other piece of evidence. A full confession does not prevent a full trial or relieve the prosecutor from presenting a case to the court.
In some legal systems pleading guilty can result in a more lenient punishment for the defendant; it is thus a type of mitigating factor in sentencing. While in some other legal systems pleading guilty instead can result in a harsher punishment. In a plea bargain, a defendant makes a deal with the prosecution or court to plead guilty in exchange for a more lenient punishment, or for related charges against them to be dropped. A " blind plea" is a guilty plea entered with no plea agreement in place. Plea bargains are particularly common in the United States. Other countries use a more limited form of plea bargaining. In the United Kingdom and Germany, guidelines state that only the timing of the guilty plea can affect the reduction in the punishment, with an earlier plea resulting in a greater reduction.
In the United States, a nolo contendere ( no contest) plea is when the defendant submits a plea that neither admits nor denies the offense. It has the same immediate effect as a guilty plea because the trial avoids determining the defendant's guilt.
They are:
Virtually all jurisdictions hold that defense counsel need not discuss with defendants the collateral consequences of pleading guilty, such as consecutive sentencing or even treatment as an aggravating circumstance in an ongoing capital prosecution. However, the Supreme Court recognized an important exception in Padilla v. Kentucky (2010), in which the Court held that defense counsel is obligated to inform defendants of the potential immigration consequences of a guilty plea. Thus a defendant who is not advised of immigration consequences may have an ineffective assistance of counsel argument.
In the U.S. federal system, the court must also satisfy itself that there is a factual basis for the guilty plea. However, this safeguard may not be very effective because the parties, having reached a plea agreement, may be reluctant to reveal any information that could disturb the agreement. When a plea agreement has been made, the judge's factual basis inquiry is usually perfunctory, and the standard for finding that the plea is factually based is very low.
A conditional plea is one where the defendant pleads guilty to the offense but expressly reserves the right to appeal certain aspects of the charges (for example, that the evidence was illegally obtained).
In United States v. Binion, malingering or feigning illness during a competency evaluation was held to be obstruction of justice and led to an enhanced sentence. Although the defendant had pleaded guilty, he was not awarded a reduction in sentence because the feigned illness was considered to mean that he was not accepting responsibility for his illegal behavior.
In R v Atkinson,R v Atkinson 2021 EWCA Crim 153 the Court of Appeal held that, where a defendant entered a plea of 'Guilty, but I intended to defend myself' this could be held to be an unequivocal plea where the judge had clarified any ambiguity before accepting the plea.
Demurrer: Which is an "objection to the form or substance of the indictment".R v Inner London Quarter Sessions Ex p/ Commissioner of Police of the Metropolis 1970 2 QB 80 It is essentially no different than a motion to quash the indictment, however, it continues to exist in law. Unlike standard pleas, this must be entered in writing in advance of the arraignment.
Plea to jurisdiction: Can be entered where the defendant believes the Crown Court does not have the power to hear the case before it, such a plea is usually entered where the offence being charged is Summary offence. Similarly to Demurrer, this plea must be entered in writing in advance.
Pardon: "It may be relied on where a pardon has been granted by the Crown on the advice of the Home Secretary in exercise of the royal prerogative of mercy. It must be pleaded at the first opportunity (i.e. before arraignment if the pardon has by then been granted). In modern times, the plea has become obsolete."
Special pleas
Other special pleas used in criminal cases include the plea of mental incompetence, challenging the jurisdiction of the court over the defendant's person, the plea in bar, attacking the jurisdiction of the court over the crime charged, and the plea in abatement, which is used to address procedural errors in bringing the charges against the defendant, not apparent on the "face" of the indictment or other charging instrument. Special pleas in federal criminal cases have been abolished, and defenses formerly raised by special pleas are now raised by motion to dismiss.
United Kingdom
"Unambiguous plea"
A defendant who enters a plea of guilty must do so unequivocally. A guilty plea which is "imperfect, unfinished or otherwise ambiguous"R v Ingleson 1915 1 KB 512 will not legitimate and should the court proceed to sentence on such a plea, there exist grounds for ordering a retrial or quashing the conviction.
Special pleas
Three special pleas (though not in the strictest sense of the word) exist in the criminal courts of England and Wales:
Plea in mitigation
A plea in mitigation is used during criminal law proceedings in many Commonwealth countries. It typically involves a lawyer telling a judge of extenuating circumstances that could result in a lesser sentence for an offender.
See also
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