Common Pleas in a Court Jury Trial
A plea is an answer to a criminal accusation. Accused persons, or defendants, who enter "guilty" pleas admit criminal activity, while those who plead "no contest" accept punishment without admitting the accusation. Guilty and no-contest pleas eliminate the need for a trial, in which the court hears witnesses, receives evidence and determines the guilt or innocence of the accused. When a defendant pleads "not guilty," the defendant can have a jury trial, whereby individuals decide guilt or innocence. The type of not guilty plea determines whether the prosecutor or defendant must produce evidence and what type of evidence is produced.
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Procedure for Entering a Plea
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A defendant answers not guilty to a criminal charge at an arraignment. A defendant initially enters a plea at an arraignment, at which the judge reads or explains the criminal charges. The defendant then enters a plea of not guilty, guilty or no contest. The court will enter a not guilty plea if the defendant does not announce one. Defendants must notify the court and prosecution in writing of insanity and self-defense pleas, with the deadlines varying by states. North Carolina requires 20 days notice of these pleas before trial if the prosecution produces discovery, or evidence, from its files. In federal court, defendants must give notice of an insanity plea before trial or according to a schedule made by the judge.
Not Guilty
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A not guilty plea, when not based on an affirmative defense such as insanity or self-defense, denies that all of the elements of the crime exist. In such a plea, the prosecutor must prove and persuade the jury beyond a reasonable doubt that all the elements of the crime exist. The defendant is not required to present evidence or testify. The prosecutor may not argue to the jury that the defendant failed or refused to testify. In pleading an affirmative defense, the defendant admits the facts that constitute the crime, but claims that the actions were justified or excused. A defendant must produce evidence to support an affirmative defense.
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Insanity
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The insanity defense requires the defendant to show that a mental disease or defect prevented the defendant from understanding right from wrong. This defense recognizes that a defendant may lack the intent to commit a crime. Some states define insanity differently. Georgia provides an irresistible impulse defense, whereby the defendant claims inability to follow the law because of a mental disease or defect. Only New Hampshire adopts an insanity defense based solely upon the presence of a mental disease as the cause of a criminal act. Most defendants pleading insanity obtain experts such as mental health professionals, though some states allow non-expert testimony. Tennessee prohibits an expert from testifying that a defendant was insane.
Self Defense
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Self-defense justifies the use of force. Defendants can plead self defense to assault and homicide charges. The defendant must show an actual belief that action was necessary to defend against an imminent threat of harm, that the belief was justified by the circumstances and that the force was proportionate to the threatened harm. In some jurisdictions, imminent harm may be presumed where a defendant repels a home invasion, even by deadly force. Self defense does not arise where the defendant initiated the assault with the intent to injure or when the defendant participates in illegal combat, such as a non-sanctioned fight.
Entrapment
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In an entrapment defense, the defendant claims that a police officer or other government agent influenced or induced the criminal act. Defendants accused of prostitution and selling or purchasing illegal drugs may invoke this defense, as many are arrested during police sting operations. To succeed on entrapment, the defendant must show a lack of predisposition to committing the crime, such as through a lack of criminal history.
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References
- Cornell University Law School: Legal Information Institute: Federal Rules of Criminal Procedure
- North Carolina General Assembly: General Statutes Section 15A-905
- FindLaw: Cases and Codes: Griffin v. California, 380 U.S. 690 (1965)
- "Rivier College Online Academic Journal"; From M'Naughten to Yates: Transformation of the Insanity Defense in the United States; Carol A. Rolf; 2006
- Loyola University of Los Angeles: Self-Defense
- Oregon State Legislature: Oregon Revised Statutes: Chapter 161
Resources
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