Not Guilty Plea Agreement
Subdivision (g) requires that the procedure be recorded to the letter. In the event of an admission of guilt or a candidate nolo, the minutes must include, without limitation, the Tribunal`s advice to the defendant, the examination of the voluntary nature of the plea and the agreement on the merits, and the examination of the accuracy of the plea. Such a recording is important in the event of an attack after the conviction. ABA Conviction Standards 1.7 (Approved Draft, 1968). A similar requirement was accepted in Illinois: Illinois Supreme Court Rule 402 (e) (1970), Ill.Rev.Stat. 1973, chapter 110A, No. 402 (e). The Committee added a language in subdivisions (e) and (4) to disclose or reject a contract of appeal to the Tribunal in camera. There must be a good-natured spectacle before the court can conduct such a procedure in camera. Language does not object to the question of whether the presentation of a good reason can be made in open court or in camera.
This issue is left to the courts on a case-by-case basis. These amendments in subdivisions (e) (2) and (e) (4) allow for a fair trial where there is significant media interest in a case and the Tribunal rejects a contract of appeal. Guilty and Not Guilty pleas are self-explanatory. A Nolo Contendere plea is rare in federal cases. In a plea by Nolo Contendere, the accused does not admit his factual guilt, but accepts the sentence on the basis that the government`s evidence is strong enough to be convicted. In general, both the government and the court must give their consent for there to be a request from Nolo for such a means to be formed. The subsection (5) of Section c of Rule 11 differs qualitatively from the other sections of the rule. It is not a question of whether the plea is done knowingly or voluntarily, nor whether the plea has been accepted and whether the judgment has been rendered. Rather, it is the possible consequences of an event that may or may not occur during the trial itself, namely, to swear an oath to the defendant. Whether this event will occur is entirely under the control of the presiding judge.
If the event is not to occur, there is no need to inform the defendant of its consequences. If a presidential judge intends not to swear an oath to an accused during a trial, but to amend it at some point, only then would it be necessary to inform the defendant of the possible consequences of the oath. Agency problems can arise in oral arguments, because although the prosecutor represents the people and the defence counsel represents the accused, the objectives of these officers may not match those of their sponsors.
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