Plead Background

 

 

During a criminal case or a civil case, a defendant will be asked how he/she chooses to plead. The plea that is provided by the defendant will influence the subsequent actions and procedures. Plead of "not guilty" will initiate a extensive criminal or civil trial. However, a "guilty" plea may result in the dismissal of the case and the immediate sentencing of the defendant. 

 

 

Plea Bargain

 

 

A plea bargain is a tactic used by prosecutors to obtain a definite conviction in a civil or criminal trial. There are a number of different plea bargains that a prosecutor may offer a defendant. In general, a defendant will be offered a less severe conviction or sentence, if he/she agrees to plead guilty to the crimes that he/she is accused of. 

 

 

Insanity Plea

 

 

The insanity plea is one type of criminal defense used by defense attorneys, to reduce the culpability of their clients. Though rarely successful, the insanity plea suggests that an individual was not mentally fit to rationalize, judge, or inhibit his/her behavior. An individual who has pleaded insanity may receive a less severe sentence, if psychological examinations indicate that he/she is legally insane. 

 

 

Alford Plea

 

 

The Alford plea is a plea that may be employed if an individual does not remember the committing the crimes that he/she is being accused of, or if he/she cannot admit to committing these offenses. When pleading in this manner, an individual is indicating that he/she believes that he/she is innocent of the crimes, but admits that the prosecution will most likely prove him/her to be guilty. 

 

 

Plead the Fifth

 

 

When an individual is acting as a witness in a trial, and he/she chooses to "plead the fifth", he/she withholds information that may directly incriminate him/her. This is one of the most widely recognized pleadings in the United States, and is based on rights that are outlined in the Constitution.

 

Both criminal and civil trials can take an extensive period of time, and cost the state or federal government and the defendant an significant amount of money to operate the trial. A plea bargain is one technique used to reduce the duration of a trial and ensure a conviction. 

When an individual is accused of committing a criminal offense, he/she may enter into the trial facing serious criminal charges. In some instances, the prosecutor will offer the accused individual a plea bargain. A plea bargain will help to reduce the severity of the criminal conviction and the subsequent sentencing acquired by the defendant, if he/she agrees to plead guilty to the charges. Plea bargains have caused a significant amount of controversy, as they often allow dangerous criminals to escape the punishment that they deserve. 

There are a variety of different plea bargains available for prosecutors to offer. For example, when a defendant confesses his/her guilt to a charge that is less serious than the crime that he/she was originally accused of, this is known as charge bargaining. Sentence bargaining occurs when a defendant agrees to plead guilty and in return receives a less severe sentence.

Plea bargains often cause considerable confusion and complications for defendants. A defendant must choose whether or not he/she should combat the accusation and maintain his/her innocence, or accept the plea bargain. In some instances, even truly innocent individuals will accept a plea bargain, in order to avoid the more severe conviction and sentencing, that may occur if he/she is falsely convicted. As a result, many individuals oppose the use of plea bargains. 

 

The insanity plea, otherwise known as the insanity defense, is a type of criminal defense employed by defendants, in order to diminish their criminal liability. When a defendant employs the insanity plea, he/she is claiming that he/she cannot be held accountable for his/her offense, because he/she is legally insane. It is important to note that there is a different between insanity and mental illness. 

 

 

While a mentally ill individual will often have diminished culpability, the insanity plea is rarely successful in reducing an individual's liability. In order for the insanity plea to be effective, an individual must be declared legally insane by a doctor. This requires an extensive medical examination. In most instances, an individual who has pleaded insanity will be required to spend time in a psychiatric hospital.

 

 

 

The insanity plea is a type of affirmative defense. When this plea is used, the defendant is not denying that he/she committed the criminal offense in question. In actuality, he/she is admitting that he/she was responsible for the crime. However, the insanity plea suggests that, due to an individual's mental state, he/she was not able to rationalize or control his/her behavior, or consider the consequences, when the offense was committed. 

 

 

If a defendant was not able to recognize the difference between wrong and right, than he/she cannot be held liable for the crime. In the United States, the insanity plea is not used to prove a defendant's innocence or dismiss his/her case. Instead, it is often used to reduce the severity of the conviction and sentence acquired by the defendant.

 

 

In rare cases, a defendant who is being tried for a criminal offense may employ the Alford plea. The Alford plea is slightly controversial, as it is not technically a declaration of innocence or an admission of guilt. When a defendant utilizes the Alford plea, he/she does not plead guilty to the crime that he/she is being accused of. 

 

 

He/she continues to assert that, to the best of his/her knowledge, he/she is innocent of the crimes that he/she is being charged with. However, he/she admits that, based upon the available evidence, the charge will most likely be proven by the prosecution. After pleading in this manner, a defendant will be convicted of the crimes that he/she is accused of. Subsequently, he/she will receive a criminal sentence that he/she must complete.

 

 

There are a number of circumstances that may cause an individual to employ the Alford plea. For example, if a defendant has no memory of the offense, but the evidence indicates that he/she is guilty, than he/she may utilize this defense. Intoxication, trauma, and amnesia are all conditions that may cause an individual to maintain no memory of the event. 

 

 

Therefore, an individual may believe that he/she is innocent, despite incriminating evidence presented by the prosecution. In some instances, an individual may not be able to admit to him/herself that he/she is guilty of the accused crimes. In cases such as this, the Alford plea may be used. Pleading in this manner may allow an individual to obtain a less severe criminal sentence, than if he/she maintains his/her innocence throughout the entire trial and is ultimately convicted.