A Guilty Plea Agreement

In all other cases where an accused pleads guilty under a pleading agreement and the judge decides that the final order should not contain the proposed charge or concessions, withdrawal of pleading in accordance with Standard 14-2.1 may be admissible. (b) In the pleading process, due account shall be taken of the views of the parties, the interests of the victims and the public interest in the effective administration of justice. The pleading agreement is concluded between the parties – the prosecutor and the accused. Despite the fact that the victim is not a party to the criminal proceedings and that the prosecutor is not a tool in the hands of the victim to take revenge on the offender, the victim`s attitude towards the pleading agreement remains important. An “open plea,” sometimes referred to as “direct plea,” is an informal term used by lawyers to refer to confessions of guilt without consent. Unlike the guilty confessions provided for in pleading agreements, open pleadings do not protect the accused from criminal prosecution for related offences. Yet, there are situations where “open pleadings” may be the best option for an accused. (c) As an alternative to withdrawing an admission of guilt, the Tribunal may order compliance by the Government with the promises or conditions of an opposition agreement if it is within the jurisdiction of the court and the court finds, at its discretion, that a particular benefit constitutes the appropriate remedy for a breach of the agreement. (e) Before reaching an agreement, the prosecutor should make every reasonable contribution to keeping abreast of the attitudes and feelings of victims and law enforcement agencies. In the 2006 case before the United States Court of Appeals for the Fifth Circuit, Ballard v. Burton, Judge Carl E.