at 291, 657 S.E.2d at 168. They can impose longer sentences or decide that no sentence should be imposed. When offering an Alford plea, a defendant asserts his innocence but admits . This paper seeks to explore the two main types of plea bargains, namely the Alford and the nolo contendere plea bargains, and how they can be integrated into Kenya's criminal procedure system. Likewise, a defendant may want to avoid a trial they feel they may lose, or they may even want to lessen their lawyer fees. A plea bargain is an agreement in a criminal case between the prosecutor and defendant whereby the defendant agrees to plead guilty to a particular charge in return for some concession from the prosecutor. "Alford Pleas Should white collar defendants be allowed to enter Alford pleas?" Alford plea | Bartleby To hold otherwise would raise a bare challenge to the credibility of a victim or witness to that standard, one sustained by proofs, necessary to permit the withdrawal of a plea of guilty. In some cases, prosecutors will offer defendants a deal in which they will plead guilty to a lesser charge in exchange for their testimony. Parris held that a timely motion should not be denied if it appears from the surrounding circumstances that the plea of guilty was submitted in good faith under an honest mistake of material fact or facts, or if it was induced by fraud, coercion or undue influence and would not otherwise have been made so long as any reasonable ground is offered for going to the jury. Parris, 189 Va. at 32425, 52 S.E.2d at 87374. It is an important component of the justice system to negotiate with a defendant in order to obtain a sentence that is closer to the individuals perspective and reflects the seriousness of the offense. In light of the foregoing, we held, [t]herefore, in the context of a motion to withdraw a guilty plea, proof that a defendant has the natural fear of a life sentence certainly is not sufficient by itself to require that a trial court grant that motion. Coleman, 51 Va.App. Aside from saving a little money I don't see the other benefit for the victims or the public, and as for white collar criminals, their punishment is typically much lighter anyway. Alford Plea - Definition, Examples, Cases, Processes - Legal Dictionary Box 6215762157Nairobi, Nairobi 00200Kenya, Subscribe to this fee journal for more curated articles on this topic, Law & Society: Public Law - Crime, Criminal Law, & Punishment eJournal, Law & Society: Criminal Procedure eJournal, Forensic Evidence & Criminal Procedures eJournal, We use cookies to help provide and enhance our service and tailor content. I have always found Alford please to be very interesting.
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