Comment

Holder Defends 9/11 Trial Decision

375
SixDegrees11/18/2009 11:39:30 am PST

re: #316 marjoriemoon

As I also understand it, Mohammed has already plead guilty to his crimes so there is a VERY strong possibility there will be no jury trial, he will not pass go, he will not collect $200 and instead go directly to jail. And thereby not be given the chance to espouse his views.

You cannot plead guilty to capital offenses. If you try, the judge will reject your plea and enter a plea of “not guilty” instead. In such cases, court examination of all evidence is considered a necessity given the severity of the possible punishment upon conviction, so the case proceeds to trial regardless.

The confession can be used at that trial, but in this case it will most likely be excluded for any of a variety of reasons, ranging from lack of Mirandazation to coercion.

The only way a jury won’t be seated is if the accused asks for - and receives - a bench trial. Even them, I’m not certain such a request is permitted, and there is every reason to believe that a judge would not honor it.