Burn_The_Right,

Conservatism is a plague of cruelty and death that is long overdue for a cure.

Please teach your children why it is inappropriate to keep relationships with conservatives.

Bridger,

Hoping for at least one racist in the jury.

TonyToniToneOfficial,
@TonyToniToneOfficial@lemmy.ml avatar

Fucking how?

broface, (edited )

Pleading is essentially asking the defendant, “did you do it?”

Edit for those who want to skip the comment chain:

“Did you do it?”

Yes == Guilty

No == Not Guilty

Neither == No contest

FlowVoid,

Not exactly. It’s more like asking the defendant, “Do we have to prove you are guilty, or are you going to save us the effort?”

You are free to answer “Not guilty” even if you did it. It doesn’t mean “I’m innocent”, it means “I’m not admitting guilt”. In other words, “Prove it”.

LastYearsPumpkin,

Close, it means - “I’m not admitting guilt under these specific circumstances.” They could be working out a plea deal with the prosecution for a specific sentence, or a dozen other things up to, and including the “prove it” gamble.

FlowVoid,

“Not guilty” doesn’t necessarily mean “innocent”. Often it just means “not confessing”, ie the prosecution has to go through the motions to prove he’s guilty.

broface,

Incorrect.

You’re describing ‘no contest.’

FlowVoid,

No, “No contest” is functionally identical to “Guilty”.

broface,

No it’s not.

It’s functionally identical to what you thought ‘not guilty’ was.

FlowVoid, (edited )

If you plead “no contest”, the prosecution does not have to prove your guilt and the court will proceed to sentencing just as if you had pleaded “guilty”. Functionally, it is identical to a guilty plea.

no contest: A plea by a criminal defendant that they will not contest a charge. A no contest plea does not expressly admit guilt, but nonetheless waives the right to a trial and authorizes the court to treat the criminal defendant as if they were guilty for purposes of sentencing.

broface,

Per your article:

A plea by a criminal defendant that they will not contest a charge.

Your original comment:

“Not guilty” doesn’t necessarily mean “innocent”. Often it just means “not confessing”

“Not guilty” means you are contesting the charges. No contest means you’re not confessing and not contesting the charges.

the prosecution has to go through the motions to prove he’s guilty.

This is only true if the defendant contests the charges. “Not confessing” and “contesting” are two different things.

FlowVoid,

“Not confessing” and “not contesting” are different things. So, as I originally said, someone who doesn’t want to confess can still plead not guilty. Which, as I said, has a completely different function than pleading no contest.

broface, (edited )

someone who doesn’t want to confess can still plead not guilty.

Then they would be contesting the charges. A plea of ‘not guilty’ means you are contesting the charges.

has a completely different function than pleading no contest.

Yes, contesting the charges has a completely different function than not contesting the charges.

You seem to equate a plea of ‘not guilty’ with ‘not confessing.’ This isn’t true. A plea of not guilty means you are contesting the charges.

A plea of ‘no contest’ means you are not contesting the charges, nor are you admitting guilt (confessing.)

Sorry, I’ve explained things as best I can. If you don’t get it now, you never will and I think we should both move on.

FlowVoid,

You seem to equate a plea of ‘not guilty’ with ‘not confessing.’

That’s not what I said. I said that “not guilty” does not necessarily mean “innocent”. One can plead “not guilty” if one is not innocent. If so, that can be understood as “not admitting guilt but contesting the charges”. But that is still not the same as “no contest”, which can be understood as “not admitting guilt but not contesting the charges”.

Functionally, the only thing that matters is whether one contests the charges. Which is why “no contest” (not admitting guilt but not contesting) is functionally the same as “guilty” (admitting guilt and not contesting).

YoBuckStopsHere,
@YoBuckStopsHere@lemmy.world avatar

Which usually means a harsher sentence.

TokenBoomer,

Insanity? He’s gonna blame Glenn Beck. /s

atzanteol,

Only if a better offer was made, which seems unlikely in a high profile murder case like this.

The defendant has nothing to lose fighting the charge.

IamSparticles,

LIke this:

Prosecutor: “The defendant is charged with murder.”
Judge: “How do you plead?”
Defendant: “Not guilty, your honor.”
Judge: “Okay, the trial will begin on…”

In the US justice system the defendant is presumed innocent until they either plead guilty or the prosecution proves that they are guilty. That’s just how it works.

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