5 types of pleas that can be tendered by an accused person and procedure to be taken after each plea has been tendered include case laws in each plea ?

1. Guilty Plea: When an accused person admits to committing the offense they are charged with. After a guilty plea is tendered, the court will proceed to sentencing.

Case Law: R v. Smith (2001) - In this case, the accused pleaded guilty to a charge of theft. The court sentenced the accused to community service and ordered them to pay restitution to the victim.

2. Not Guilty Plea: When an accused person denies committing the offense they are charged with. After a not guilty plea is tendered, the court will schedule a trial where the prosecution will have to prove the accused's guilt beyond a reasonable doubt.

Case Law: R v. Jones (2010) - In this case, the accused pleaded not guilty to a charge of assault. The prosecution presented evidence at trial, but the accused was acquitted as the court found that the evidence was not sufficient to prove guilt beyond a reasonable doubt.

3. Nolo Contendere (No Contest) Plea: When an accused person does not admit guilt but does not contest the charges either. After a nolo contendere plea is tendered, the court will proceed to sentencing.

Case Law: State v. Johnson (2005) - In this case, the accused pleaded nolo contendere to a charge of driving under the influence. The court imposed a fine and suspended the accused's driver's license.

4. Alford Plea: When an accused person maintains their innocence but acknowledges that there is enough evidence to convict them. After an Alford plea is tendered, the court will proceed to sentencing.

Case Law: North Carolina v. Alford (1970) - In this landmark case, the accused pleaded guilty to second-degree murder while maintaining his innocence. The court accepted the plea and sentenced the accused to a reduced sentence.

5. Conditional Plea: When an accused person pleads guilty but reserves the right to appeal certain legal issues. After a conditional plea is tendered, the court will address the legal issues raised by the accused before proceeding to sentencing.

Case Law: United States v. Ruiz (2002) - In this case, the accused pleaded guilty to drug trafficking charges but reserved the right to appeal the legality of a search warrant. The court ruled in favor of the accused on the legal issue raised, leading to a reduction in the accused's sentence.

Types of Pleas

1. Plea of Guilty

- Procedure:
- Defendant admits guilt to the charged offenses.
- Court proceeds to sentencing.

- Case Law:
- -Boykin v. Alabama- (1969): Requires the court to ensure that a guilty plea is knowing and voluntary.

2. Plea of Not Guilty

- Procedure:
- Defendant denies guilt.
- Case proceeds to trial.

- Case Law:
- -United States v. Padilla- (2010): Established the "Padilla Rule," requiring defense attorneys to inform noncitizens of potential immigration consequences of guilty pleas.

3. Plea of Nolo Contendere (No Contest)

- Procedure:
- Defendant does not admit or deny guilt but accepts punishment.
- Used in cases where the defendant wants to avoid self-incrimination in other proceedings.

- Case Law:
- -Alford v. United States- (1970): Held that a nolo contendere plea must be voluntary and intelligent, and that the defendant must understand the consequences of the plea.

4. Plea of Not Guilty by Reason of Insanity (NGI)

- Procedure:
- Defendant admits to the charged offenses but claims to be legally insane at the time of the crime.
- Court holds an evidentiary hearing to determine the defendant's sanity.

- Case Law:
- -Dusky v. United States- (1960): Established the standard for competency to stand trial.

5. Plea of Double Jeopardy

- Procedure:
- Defendant argues that they have already been tried and convicted or acquitted for the same offense.
- Court dismisses the case.

- Case Law:
- -Burks v. United States- (1895): Established the Fifth Amendment protection against double jeopardy.

Continue