I'm asking this in the case of a people who IS guilty.
2007-08-02 05:29:17 · 8 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
sry..i meant person
2007-08-04 05:28:20 · update #1
Because there's always a chance you'll be found not guilty, no matter whether you did it or not. If you plead guilty, you're admitting to it.
2007-08-02 05:34:07 · answer #1 · answered by Anonymous · 0⤊ 2⤋
The plea of Not Guilty least the burden of proof on the presecution. Depending on the strenght of the prosecutors case, it may work either in favor of or against you. If the case is weak or circumstancial, then a plea of Not Guilty is the very best way to go - the plea bargaining can then begin; the person can agree to plead guilty to a lesser crime with a shorter (or often no) jail sentence in exchange for...whatever.
On the other hand, if the prosecutor has a strong case, this may backfire on the defendant. If he deliberately wastes "the Peoples" time an dmoney, the judge may throw the book at him. OJ was mentioned in one of the other answers - good example of a circumstancial case. Jeffery Dahmer on the other hand - not a good case to plead not guilty. The smart thing to do would have been to plead guilty and beg for leniency (not that he deserved it).
2007-08-02 12:42:53 · answer #2 · answered by J N 2 · 0⤊ 0⤋
If all of the facts of the case have not been brought out I would never plead guilty. If everything is open and shut against the person that's a different story. Even then one might be able to work out a deal for a lighter sentence.
This is why it is necessary to have an Attorney present at all times.
2007-08-02 12:37:47 · answer #3 · answered by From Yours Trully 4 · 1⤊ 1⤋
Dude, its common sense. You plea not guilty at the arraingment because it leaves your options open. You can stall for time, or whatever. The burden of proof is on the state, at least its supposed to be. That way even if you are guilty you're making the government scramble and they may even offer you a deal, in which case you consider it and move on. Honestly, unless you're caught red-handed breaking the law, any lawyer should be able to get you off the hook.
-J.
2007-08-02 12:36:39 · answer #4 · answered by Jason 4 · 0⤊ 2⤋
More incentive for the prosecutor to try and cut a plea bargain.
And the prosecutor may not always have sufficient evidence to meet the burden of proof at trial -- though most don't start the process unless they do.
2007-08-02 12:33:19 · answer #5 · answered by coragryph 7 · 2⤊ 1⤋
Because the burden of proof is on the state. Imagine if OJ had not pleaded not guilty. He'd be in jail huh? So it works on occasion.
2007-08-02 12:32:50 · answer #6 · answered by Anonymous · 0⤊ 2⤋
Wait and see what the State has against you. Also wait and see if they will offer a plea deal!
2007-08-02 12:38:13 · answer #7 · answered by The Voice of Reason 7 · 0⤊ 0⤋
Because anything you say will be held against you.hey those guys are not there to be your best buddy.
2007-08-02 12:48:50 · answer #8 · answered by Anonymous · 0⤊ 0⤋