• broface@lemm.ee
    link
    fedilink
    arrow-up
    1
    arrow-down
    1
    ·
    edit-2
    1 year ago

    Per your article:

    A plea by a criminal defendant that they will not contest a charge.

    Your original comment:

    “Not guilty” doesn’t necessarily mean “innocent”. Often it just means “not confessing”

    “Not guilty” means you are contesting the charges. No contest means you’re not confessing and not contesting the charges.

    the prosecution has to go through the motions to prove he’s guilty.

    This is only true if the defendant contests the charges. “Not confessing” and “contesting” are two different things.

    • FlowVoid@lemmy.world
      link
      fedilink
      English
      arrow-up
      2
      arrow-down
      2
      ·
      1 year ago

      “Not confessing” and “not contesting” are different things. So, as I originally said, someone who doesn’t want to confess can still plead not guilty. Which, as I said, has a completely different function than pleading no contest.

      • broface@lemm.ee
        link
        fedilink
        arrow-up
        1
        ·
        edit-2
        1 year ago

        someone who doesn’t want to confess can still plead not guilty.

        Then they would be contesting the charges. A plea of ‘not guilty’ means you are contesting the charges.

        has a completely different function than pleading no contest.

        Yes, contesting the charges has a completely different function than not contesting the charges.

        You seem to equate a plea of ‘not guilty’ with ‘not confessing.’ This isn’t true. A plea of not guilty means you are contesting the charges.

        A plea of ‘no contest’ means you are not contesting the charges, nor are you admitting guilt (confessing.)

        Sorry, I’ve explained things as best I can. If you don’t get it now, you never will and I think we should both move on.

        • FlowVoid@lemmy.world
          link
          fedilink
          English
          arrow-up
          2
          arrow-down
          1
          ·
          edit-2
          1 year ago

          You seem to equate a plea of ‘not guilty’ with ‘not confessing.’

          That’s not what I said. I said that “not guilty” does not necessarily mean “innocent”. One can plead “not guilty” if one is not innocent. If so, that can be understood as “not admitting guilt but contesting the charges”. But that is still not the same as “no contest”, which can be understood as “not admitting guilt but not contesting the charges”.

          Functionally, the only thing that matters is whether one contests the charges. Which is why “no contest” (not admitting guilt but not contesting) is functionally the same as “guilty” (admitting guilt and not contesting).