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To: tjg
"the judge is ethically obligated to reject the guilty plea if he is not conviced that the person is really guilty."
"give a detailed description of the crimes to which she is pleading guilty; make her either spell it out or go to trial."

You are right.
Though a judge cannot determine if someone is "guilty in fact", he must determine that the guilty plea is knowingly and voluntarily given and can ask a defendant who is pleading guilty to describe their crime. This process is called "allocution."
But sometimes the defendant does not want to admit guilt and that is when the "Alford plea" is used. The defendant does not say whether she is "in fact" guilty or inncoent but just that there is enough evidence for a jury to find her guilty were there to have been a trial, but in effect waives a trial.

16 posted on 11/02/2001 1:35:54 PM PST by APBaer
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To: APBaer
"Alford plea"

Is this used very often? Why would anyone plead guilty if they could just use the Alford plea? It seems like the result is the same but it might leave your options open. Is there a catch?

18 posted on 11/02/2001 5:23:26 PM PST by tjg
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To: APBaer
"Alford plea"

Is this used very often? Why would anyone plead guilty if they could just use the Alford plea? It seems like the result is the same but it might leave your options open. Is there a catch?

19 posted on 11/02/2001 5:25:47 PM PST by tjg
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