Guilty vs not guilty.

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How does this work in court? Pleading guilty to a case guarantees a sentence. Whereas not guilty allows you a chance to defend yourself. Doesn’t seem like most defendants would plead guilty. Why is this even a thing?

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Anonymous 0 Comments

Basically, the court punishes you for making it work to prove you a liar. Or rewards you for not making it go through the hoops.

Which is great, except when you’re innocent but the case against you looks strong. Then you’ll find yourself in the invidious position of, “I could plead not guilty, but very probably get found guilty anyway and and get a heavy sentence, – or I could plead guilty for something I didn’t do, get a much lighter sentence, but carry that guilty verdict for the foreseeable future”. Happened to a good friend of mine (with a very high probability) – the offence was so out of character, and I knew enough of the surrounding circumstances, that I firmly believed them, and still do (even more – see below), when they said they weren’t guilty. But the potential difference between sentences was massive, and the case against them looked near-watertight (based, I should add, primarily on evidence from someone later convicted of fraud in the matter in question). In the end they took the “guilty” plea. Which, in my view, was brave – but when the evidence in question then became highly suspect, they had no legal way to reverse their plea. “They admitted it, they did it” was effectively the legal position.

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