In most cases, any legitimate government interest in referring to innocent third-party offenders can be advanced by means other than those convicted in this case line. In cases where the offence for which a defendant pleads guilty requires as an element that a third party has a certain status (for example. B 18 US. C No. 203 a(a) (2)), the third party may normally be identified at the defendant`s oral hearing in general (“member of Congress”) and not expressly (“Senator X”), but at the defendant`s hearing. Similarly, if the defendant behaves with others as a criminal conduct common to the accused, general references (“another person”) to innocent third parties may be used when describing the actual basis of the accused`s admission of guilt. Before being charged, a person under federal investigation may decide that cooperation is the best way to proceed. In this case, the person can have his lawyer negotiate with the government and sign a sealed plea months or years before the formal indictment. This is a fairly common occurrence in white-collar cases.
A plea by candidate Nolo is the same as an admission of guilt for the purpose of punishment. See the discussion on the history of Advocacy Nolo in North Carolina against Alford, 400 U.S. 25, 35-36 n. 8, 91 P.C. 160, 27 L.Ed.2d 162 (1970). Note, The Nature and Consequences of the Plea of Nolo Contendere, 33 Neb.L.Rev. 428, 430 (1954). A judgment on the means drawn is a conviction and can be used to apply the statutes of several authors. Lenvin and Meyers, Nolo Contendere: Its Nature and Implications, 51 Yale L.J. 1255, 1265 (1942). However, unlike an admission of guilt, it cannot be used against an accused as a confession in subsequent criminal or civil proceedings. 4 Wigmore No.
1066 (4), with 58 (3d. Rules of Evidence for U.S. Courts and Judges, Rule 803(22) (Nov. 1971). See Lenvin and Meyers, Nolo Contendere: Its Nature and Implications, 51 Yale L.J. 1255 (1942); ABA Conviction Standards No. 1.1 (a) and b), comment 15-18 (Approved Draft, 1968). Subdivision note (c).
Rule 11, letter c, lists certain things that a judge must communicate to an accused before the judge can accept the admission of guilt of the accused or candidate Nolo. The House version expands the list originally proposed by the Supreme Court.