Essay on Plea Bargaining & Plea of NOLO Contendere !
In U.S., the process of trial begins at the stage when the accused is required to enter a plea. Arraignment is held in open Court and generally begins with a formal reading of the indictment or charge. The accused is advised of his constitutional guaranteed rights against self incrimination and the rights of counsel and protection. The accused may plead guilty to the crime or to a lesser offence.
The plea of guilty to a lesser offence often results from plea bargaining on the advice of his defence counsel. Where the counsel for the accused feels that the charges against his client are so strong that it is unlikely that he will be found innocent by going through a trial, he may bargain the plea with the prosecutor to accept guilt-plea for a lesser charge and thus save the time and expenses of prolonged trial. The prosecutor generally accepts the plea for a reduced charge.
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It may be stated that more than 90% of the cases are settled in U.S. in this manner. Once the plea-bargaining agreement has been reached, the prosecutor, the defence counsel and the accused will appear before the judge and request him to accept the plea of guilty to the lesser charge.
In U.S.A. the accused is known as ‘defendent’. If the judge is convinced that the plea is voluntary with no promises of lesser sentence and is according to the true wishes of the accused (defendent), he may accept the plea. However, the plea-bargaining is not accepted for capital offences.
It may further be pointed out that in U.S. the plea of NOLO Contendere is also available which means ‘no contest’. It is not an admission of guilt but rather ‘unwillingness to accept declaration of guilt’ instead of going to trial. Under this plea, the accused makes formal declaration that he is not going to contest with the prosecuting agency the charge against him.
This is why David Gordon has stated that Latin word NOLO means “I do not chose it”. The plea is also called as Plea of Nalvult, which in literal sense means “I do not wish to contend”. It is treated as an expression of implied confession or a quasi-confession of guilt. The plea is used by an accused person to avoid trial and expenses and it is the discretionary power of the Court to grant or reject the plea.