A plea is not a testimony, and the defendant is not under oath at that point, so a not guilty plea is not seen as perjury. However, the defendant rejects any deals by pleading not guilty, so it might result in a more severe sentence.
(edit) There is also an option of “standing silent”, or refusing to plead, in which case the judge can enter a plea of not guilty on the defendant’s behalf, so that the rest of the trial can happen. Turning that “not guilty” plea into a perjury charge would be a pretty gross 1A violation.
However, the defendant rejects any deals by pleading not guilty, so it might result in a more severe sentence.
A bit tangential, but: In any criminal case (goes for civil, too, but with different terminology), the accused should always plead “not guilty” at arraignment. You can change your not guilty plea to guilty later on, if the prosecution offers a plea deal, or if some other set of circumstances make that plea your best choice. If and when you plead guilty, that’s it, all over, move on to sentencing.
Further down this rabbit trail, if you arrange it with the prosecution, you can plead “no contest,” which is a guilty plea that cannot be used against you in a later civil case. The plea itself does not make you civilly liable. In 47 states (exceptions: Indiana, New Jersey, and Michigan), you can submit an Alford plea. This plea is “I still proclaim innocence, but I agree that the State case is strong enough to convict me, and I do not have a sufficient defense.” Such a plea is allowed when the plea deal offers an escape from a more severe sentence, as in life in prison vs. capital punishment, making the plea “in the best interest” of the accused.
This plea is “I still proclaim innocence, but I agree that the State case is strong enough to convict me, and I do not have a sufficient defense.” Such a plea is allowed when the plea deal offers an escape from a more severe sentence, as in life in prison vs. capital punishment, making the plea “in the best interest” of the accused.
This sounds a lot like a “the state violated my right to a fair trial but I have no recourse” plea.
A plea is not a testimony, and the defendant is not under oath at that point, so a not guilty plea is not seen as perjury. However, the defendant rejects any deals by pleading not guilty, so it might result in a more severe sentence.
(edit) There is also an option of “standing silent”, or refusing to plead, in which case the judge can enter a plea of not guilty on the defendant’s behalf, so that the rest of the trial can happen. Turning that “not guilty” plea into a perjury charge would be a pretty gross 1A violation.
A bit tangential, but: In any criminal case (goes for civil, too, but with different terminology), the accused should always plead “not guilty” at arraignment. You can change your not guilty plea to guilty later on, if the prosecution offers a plea deal, or if some other set of circumstances make that plea your best choice. If and when you plead guilty, that’s it, all over, move on to sentencing.
Further down this rabbit trail, if you arrange it with the prosecution, you can plead “no contest,” which is a guilty plea that cannot be used against you in a later civil case. The plea itself does not make you civilly liable. In 47 states (exceptions: Indiana, New Jersey, and Michigan), you can submit an Alford plea. This plea is “I still proclaim innocence, but I agree that the State case is strong enough to convict me, and I do not have a sufficient defense.” Such a plea is allowed when the plea deal offers an escape from a more severe sentence, as in life in prison vs. capital punishment, making the plea “in the best interest” of the accused.
This sounds a lot like a “the state violated my right to a fair trial but I have no recourse” plea.
Not necessarily. The circumstances of the crime could mean you don’t have a viable defense even if innocent.