When someone commits a murder, do they still have to go to trial if they confess to it?

Question

Or do they go straight to court for a sentencing and then to prison?

Answer 1

The answer may vary by state. And, as John Karr illustrates, a confession alone may not result in a conviction. Prosecutors have an ethical duty to seek justice, not merely to convict. If the prosecutor does not believe the confession, he should not charge the individual.

In California, the defense attorney and prosecutor can negotiate to resolve the case short of trial. They can argue about type of charge (First Degree, Involuntary Manslaughter, etc.) and length of sentence. If they reach an agreement to resolve the case short of trial (i.e., agree on a disposition), they will inform the judge. If the judge accepts the agreed upon disposition, the case is not set for trial.

So when someone commits a murder and confesses, they are not necessarilly tried (assuming the defendant does not withdraw his confession). They may go straight to Court, plead guilty, get sentenced, and go to prison.

Answer 2

The confession waives the trial, unless there are other material fact (beyond just sentencing) that need to be established on the record.

And of course, the confession needs to be verified, to make sure the person isn't lying. But in most situations, once there has been a confession, the next step is sentencing.

Answer 3

Confessions and pleas of guilty are two different things. A plea of guilty waives the necessity of a trial on the issue of guilt. A confession is simply evidence of guilt that may be introduced at a trial.

Answer 4

Believe it or not, there are thousands of cases where someone confessed, changed their story, then had a lawyer get them off. I'm sure in a few of these cases the person was really innocent and confessed under duress, b/c they're crazy (Karr) or otherwise, but the majority just had good representation.

America: the land of the fee.
(no typo there)

Answer 5

Look at John Karr, he confessed and they let him off because of lack of evidence. So I would think that even though you confess you still have a trial. I would think if you confess then you would most likely be found guilty though.

Answer 6

It depends if they plead guilty. If they plead guilty they just go for sentencing. But sometimes lawyers can get confessions thrown out as unlawful. Then they still need a trial.

Answer 7

There is a sentencing trail, all the circumstances surrounding the crime and character witnesses presented, then the case goes to the jury for sentencing.

Answer 8

both way he will probably bypass to reformatory. (for sure if his statement replaced into authentic.) and likewise if he replaced into making a pretend confession with the intention to intervene with the continued homicide study. It relies upon I propose, in the adventure that that they had a best suspect (e.g. drug broking, heritage of kin violence) yet his mom with a sparkling record confessed that it replaced into she, and in no way her son who dedicated the homicide; the detectives might want to clearly pursue the case further. looking for sturdy evidence except from the suspect's mom who may were persuaded with the help of her son or on her own will; testified for a criminal offense she did not dedicate.

Answer 9

Yup, but it depends on the circumstances

Answer 10

if they confess and can prove
it, maybe they can waive the right
to a trial.
child molesters should be ,`,`,arked
on the face, tethered and castrated.

condemn and abolish legal minor molestation, prostitution, child abortion,and mandatory idf service in israel.

sen lugar - [phone]

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