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What are the Four pleas a defendant may use?
The four pleas a defendant may use in a criminal case are guilty, not guilty, guilty but mentally ill, and nolo contendere (no contest). A defendant who pleads guilty admits their responsibility for the crime. Pleading not guilty indicates that the defendant denies the charges and intends to contest them. A guilty but mentally ill plea acknowledges guilt but asserts that the defendant had a mental illness at the time of the offense. A nolo contendere plea means the defendant does not contest the charges but does not admit guilt.
Can you be retried after a mistrial in Ohio?
Yes. A mistrial means that the first trial never took place so double jeopardy is not an issue. It is only when a judge dismisses a case with prejudice or one is found not guilty in a trial that the defendant cannot be retried for the same crime.
How is evidence used to lead a defendant to plead guilty?
Overwhelmingly obvious proof (evidence) of the offense would lead a guilty defendant to just go ahead and plead to the charge.
If a person is found not guilty of murder in a fair jury trial but new evidence is discovered showing he may have been guilty what clause of the Fifth Amendment would protect him from being retried?
Under the protection against double jeopardy, the defendant cannot be retried for the same crime for which he was found not guilty. He can, however, be charged with other (distinct) crimes committed in the same instance.
Why do judges sentence people to 100 years?
The judge is required by law to sentence a charge for the defendant is found guilty of. When defendant is found guilty of multiple felony convictions, the must be sentenced for each one.
When one co-defendant is found guilty does the other co-defendant have to be guilty too. Can one defendant be guilty and one NOT Guilty?
Co-defendants can be sentenced differently. They do not have to all be found guilty or not guilty.
Is the defendant innocent or not guilty of the crime they are accused of?
The defendant is not guilty of the crime they are accused of.
What is deference between plea and charge?
In a criminal case, a charge is the specific criminal act that the accused is alleged to have committed. For example, a person could be charged with murder or possession of a controlled substance. A plea is the defendant's formal response. Typically, the defendant can plead guilty or not guilty, and sometimes nolo contendre.
What could be a sentence with the word defendant?
the defendant pleads guilty
What does a no fine but guilty verdict for obstructing a police officer mean?
It sounds from the question, as if the defendant was charged for TWO offenses. The one for which he was arrested, and the obstruction charge (when he apparently 'resisted' the arrest). . The question indicates that he was found not guilty of the original arrest charge, but WAS found guilty of obstructing the officer.
What is the pleading that contains the defendant's legal defenses?
Guilty with explanation.An affirmative defense: a defense to a criminal charge in which the defendant generally admits doing the criminal act but claims an affirmative defense such as duress (he or she was forced) or entrapment. In effect, an affirmative defense says, "Yes, I did it, but I had a good reason."ReferencesGardner, T. J., & Anderson, T. M. (2008). Criminal law. Belmont, CA: Wadsworth Publishing Company.
Is plea bargaining illegal?
No, this is a procedure used in criminal court when the prosecutor tries to get the defendant to plead guilty to the charge in order to get a lesser charge than a maximum sentence.
