Is there a concept of a plea-bargained confession in English law? Forgive the basic questions, I know nothing about law. I’m writing a novel that ends with a serious crime and I’d be so grateful for assistance. A StackExchange user from the US suggested that a genuinely remorseful criminal could offer a plea-bargained confession in court, where he explains in detail what drove him to commit the crime he did. Is there such a concept in English law? Would the victim be expected to appear in court to hear such a confession? Or, if they decided they didn’t want to appear, could it be made in a statement to the court and passed to the victim. Or, would it go on public record?
Considering that the US legal system is more or less similar in practice to the English Courts, yes it is possible to plea bargian a deal. I'm linking to the wikipedia article on the matter with a specific link to the England and Wales for guidence. Normally, I'd explain, but I'm an American and the differences between Magistrate and Crown courts are big enough differences that I can't tell you what the differences in the case is. I should point out this is a legal area where America differences with much of the world. 90% of the United States criminal cases (and a good number of civil cases, which are settled privately before discovery phase) are plea bargained to lesser sentences. Additionally remorse has nothing to do with the plea bargain. You might only be sorry that you got caught breaking the law and can still plea. The lighter sentence is sort of a "thank you" for saving the state money in not having to build their case against you. It is also used to coerce cooperation with the police, as they may have the accused dead to rights and can prosecute him successfully, but he's a little fish who can give intel to a big fish (this usually comes with the caveat of it being a sworn statement, so they can still prosecute you for something if you're lying... OR that the deal holds on condition that everything is factually true. If evidence contradicts you, you're charged as if you never made a deal). It's also important to note that the police will not honor their deals made for your confession... but they will offer you deals (In the United States, police are allowed to lie to you and do it all the time). However, the prosecutor will honor their deals. Another thing to be aware of is that a prosecutor who offers a plea could be doing so because they have a weak case. If you are absolutely sure the prosecutor has the wrong guy, it may be to your benefit to go to trial and have them prove it. Innocent people do go to jail all the time because they think there is something worse on them than the plea deal and its hard to fight off as you cannot appeal a plea deal as easily as a court conviction. Finally, most jurisdictions allow the judge final say at sentencing, so if the prosecutor does honor the deal and advises the sentence, don't get upset if the judge is tougher and gives you a harsher sentence on the crime, or rejects your plea outright (expect him to scold the prosecutor for wasting his time with a horrible deal, too. Watch the Law and Order SVU episode Raw for a particularly wonderful instance of this rare event occurring). As a part of US federalism, the rules about this change from jurisdiction to jurisdiction, so make sure you understand this. Another thing to be aware of is that a prosecutor who offers a plea could be doing so because they have a weak case. If you are absolutely sure the prosecutor has the wrong guy, it may be to your benefit to go to trial and have them prove it. Innocent people do go to jail all the time because they think there is something worse on them than the plea deal and its hard to fight off as you cannot appeal a plea deal as easily as a court conviction. I would definitely do some leg work into the English Legal system's opinions on plea bargains. Just because they have it does not mean the state lawyers like employing it and many jurisdictions see it as full on corruption in other parts of the world, even the Common Law jurisdictions.
The best course would be to contact the public defenders office and explain the situation to their intake or consultation services. Remember, you don't have to be going to trial to avail yourself of their services and sometimes, helping cops makes the cops suspicious about you (it would not be the first killer who cozies up to the police to learn what they know about his crime). If the Public Defender thinks you're rich enough not to need their services, you should call criminal defense attorney practices. Most law offices will offer consultation free of charge as part of client intake, so they will be willing to hear your case and offer advice. In either case, check with the lawyer that attorney client privilege is in effect. If they say yes, explain in detail to them, everything you know and want to discuss, even if some of it could criminally implicate you in this or another crime. Treat it as your deathbed confession and you know full well which circle of hell you're going to if the priest doesn't absolve you of sins (okay, too Catholic... but the Lawyer is not going to turn you in if the privilege is in effect... he could lose his license to practice law over it... we can make all the evil lawyer jokes we want, but this is one of the few sacred tenants of their profession.). Listen to his advise. Also see if you can find a second opinion. It's not that the first guy gave bad advice, but the next guy might give you something different. If you still do not feel comfortable, then keep your mouth shut. If they arrest you for the murder, do not talk until you have an attorney present and prepare to tell him exactly what you did. Especially if you did do it. Always answer your attorney truthfully.
He does not need to be mirandized unless he is being arrested and the officers want to use things he will say as evidence. The officers in your situation seemed content to let the matter be handled through the school. If they had wanted to arrest him, they could easily have done so as soon as he pulled out the joint and handed it to the director. The "write a confession or you will leave in handcuffs" pretty much invalidates it in a court of law. Even if it weren't excluded, his testimony as to why he wrote it looks pretty bad in front of a jury. That said, I doubt that's where this case is headed. My understanding is this: The school director and two police officers caught your son smoking marijuana on school property. The punishment they sought is that he admit culpability and that he continue school online, and (presumably) on probation. In the grand scheme of how these cases could go, this isn't that bad. There are some procedural irregularities you could press, but there's enough evidence without the irregularities that work against your son. Having said that, sign nothing without consulting a lawyer. But it could be worse.
Since you asked about any jurisdiction, and presumably any common law jurisdiction, in which one of the elements of theft is the intention to permanently deprive the owner of the property, here's the UK* answer. Regarding borrowing specifically, the UK statute referring to theft - the Theft Act 1968 - provides for this in section 6(1): A person appropriating property belonging to another without meaning the other permanently to lose the thing itself is nevertheless to be regarded as having the intention of permanently depriving the other of it if his intention is to treat the thing as his own to dispose of regardless of the other’s rights; and a borrowing or lending of it may amount to so treating it if, but only if, the borrowing or lending is for a period and in circumstances making it equivalent to an outright taking or disposal. In other words, a thief may say 'I only wished to borrow it', but that won't necessarily amount to a defence under English law. It depends on how long (s)he borrows it for, and how (s)he treats it while borrowing it. In addition, the case law clarifies what is meant by 'his intention is to treat the thing as his own to dispose of regardless of the other's rights'. This has been held to mean: Selling, Bargaining with. R v Cahill, R v Lloyd Rendering Useless. DPP v J Dealing with in a manner which risks its loss. R v Fernandes, R v Marshall Borrowing in certain circumstances. R v Lloyd Pawning. s6(2) Theft Act 1968 Not enough to just deal with it. R v Mitchell So how do we prove whether someone intended to deprive the owner of the property permanently, or at least permanently enough to amount to an offence under the Act? The answer seems to be that we look at how they deal with it, and what condition they leave the property in. If they do any of the things listed above, with the exception of no. 6, then they have demonstrated an intent to permanently deprive; if they merely use the property, then that isn't enough to show such intent. You asked specifically: I am looking for an answer that explains whether someone who credibly asserts – e.g., by advance sworn affidavit – that they intend to return the item can be convicted of theft, or any other crime, for taking someone else's property for an extended but not infinite period of time. In the case of R v Lloyd, the court held borrowing would become intention to permanently deprive the owner of the property if 'all goodness, virtue and practical value is gone'. So if someone swore they were planning on returning the item, the court could nonetheless convict them of theft if they held on to the item for so long, and treated it as their own to such an extent, that all its value was gone. (In R v Lloyd, the items in question were films, and as they were returned in much the same condition as they'd originally been in, this was held not to be intention to permanently deprive, and therefore not to be theft.) *By 'UK' I mean 'English and Welsh'; the answer may be different in Scotland.
There actually is a practical effect to a "not proven" v. "not guilty" verdict in Scotland, but it is mostly sociological or social in nature rather than legal. If your question is, are there future legal concerns, than no. Not proven is, to be sure, an acquittal. However, it is an acquittal that the tells the public something important: that the trier(s) of fact thought the person likely guilty. That's a fairly substantial distinction. In Scotland, a criminal case may be decided either "in solemn procedure", which is simply the Scot term for a jury trial v. "in summary" or in "summary procedure" which is the U.S. equivalent of a bench trial. The difference between the two (and the divergence from the U.S. procedural vehicle) is that for lesser crimes the accused doesn't have an automatic right of a jury trial for any criminal matter. In some ways this lesser included makes up for the fact that the Scottish accused is without absolute right to choose jury or bench trial, which in the U.S. can be very meaningful from a tactical perspective. Think of how important the make-up and emotional proclivities of juries are to both convictions and acquittals. A bench trial can be beneficial to the truly unlikable defendant, or in especially brutal crimes, where juries may convict out of fear or sympathy for the victim, even if the case is weak. At the same time, they may nullify the conviction for the sympathetic defendant. Juries are notoriously emotional and bias driven. Being able to choose a bench trial where the judge will follow the evidence and avoid the emotional response of a jury can be invaluable. Just as a sympathetic defendant can appeal to the emotions of the jury for acquittal or jury nullification, on the opposite spectrum. In Scotland, lesser crimes are always (with limited exclusions) tried by a judge, while more serious allegations always (again w/ limited exclusions) get a jury trial, automatically. The defendant does not choose the type of trial he is afforded. Hence, a defense or a prosecution cannot fiddle with the balance of proof based on emotion or lack there of. They get what they get. There are various rules procedurally that differ in comparison, but since this isn't the question that is the general rule and should suffice for background. Also hugely important is the fact that in Scotland, jurors decide a case by majority vote (like a civil trial in the U.S.); hence, there are no hung juries and they don't need a consensus. So, one way or another the verdict will be given in a Scottish criminal action. Scots also get comparatively huge juries to any other country (15 jurors) and they only need 8 in agreement to reach a verdict. Tactically, the "not proven" is a lesser included verdict (like U.S. uses lesser included charges in cases that are weaker for the prosecution). This lesser included finding can be used by choice when the Prosecution has a sympathetic defendant or when the defendant is probably guilty or unlikable. If the jury thinks the defendant (called "accused") probably did the crime, but the prosecution has failed to prove the elements, they can/will issue a "not proven" verdict. This sends a big message. This, again, is typically only reserved for those cases when there is strong but not conclusive proof that someone committed a crime. They don't want to profess their innocence with a not guilty verdict, so they are still acquitted, but with he stigma of the "not proven" verdict attached. Some estimates have from 1/5 to a full 1/3 of all acquittal verdicts by Scottish juries as "not proven" as opposed to "not guilty". Not proven can also be used by judges in the bench trial (summary procedure), however it's much less common. The proportion of 'not proven" acquittals in general is higher in the more severe cases; but so then are the proportion of acquittals versus convictions. These would likely be hung juries in the U.S.. Both in the "solemn" and the "summary" acquittals, not proven is interpreted as indicating that the jury or judge, respectively, is not convinced of the innocence of the accused; in fact, they may be morally or even factually convinced that the accused is guilty, but do not find the proofs sufficient for a conviction under the elements of the crime on the jury instruction/verdict form. I look at this as similar to the adage oft used in the U.S., which is an acquittal, despite the fact that the verdict is termed "not guilty" does by no means indicate the person is in fact "not guilty", it just means the prosecution couldn't prove its case. Sociologists in the U.S., as well as legal scholars, have studied the phenomenon, and it appears that most not guilty verdicts in fact let go a guilty person. This can be intuited by the evidence the jury never saw, either by suppression from bad searches, by the exclusion of witness testimony due to procedural rules like hearsay, privilege, etc., and other forms of keeping relevant evidence from the jury to protect the rights of the accused. But in the U.S. the person can go forth and say, "Hey, I was proven not guilty!" Scotland also has another interesting rule of criminal procedure, whereby a criminal can't be convicted without corroborated evidence. What this means is that if all the prosecution has is the victim witness, by way of proof, testifying, and no physical or corroboration testimony, Scottish law requires acquittal, but often will be so by the verdict "not proven". This is huge, if you think about it. Use, for example, a rape trial. A woman testifies, saying that Joe Schmoe climbed through her window and raped her. She knows Joe - he's her neighbor. Nobody saw him climb in. But she knows it's him. He leaves no physical evidence, having shaved his entire body and used appropriate protection (gloves, condemn, etc.). She has a rape kit done. Rape is obvious, but the only proof is her testimony. Joe goes free. But in Scotland, he goes free with a stigma attached. He's found "not proven" rather than "not guilty". I think this corroboration rule has a lot to do with why this verdict system still exists. In the U.S. the trier of fact would weigh the testimony and decide if one person was substantially more believable than the other, and a verdict would issue. That is a substantial difference, procedurally. Since Scotland doesn't have the hung jury because there is no consensus required they use the "not proven" in the same way a U.S. jury uses the hung jury when one or more jurors thinks the prosecution didn't prove their case but it's fairly clear the defendant is, in fact guilty. Then, you will often get a "hold out" juror, and since the U.S. requires a unanimous verdict, the hold out hangs the jury. It's sort of the opposite of jury nullification. The person knows that the evidence fell short, but their conscience can't reconcile letting the person go free, so they will vote guilty to hang the jury, almost ensuring the prosecution gets another shot. There has been a lot of debate about this three verdict system in comparative law circles, with many legal scholars saying it's antiquated. But I think it serves an important purpose. It carries the stigma of likely guilt for those people who probably committed the crime but got off. Further, the hung jury cost tax payers millions of dollars in the U.S., and this is often the side effect of people not wanting there to be absolutely no recognition of the fact that the accused probably committed (especially serious) crime(s). The Scots, on the other hand, have found away to accomplish this without the cost and emotional toll multiple trials takes on all the players involved, from witnesses and victims, their families, the accused, and even the lawyers and the prosecutions, who have to put in all the work of a trial just to start anew. Here is a really good scholarly article that deals with this interesting phenomenon not seen in (I don't believe) any other country: https://journals.iupui.edu/index.php/iiclr/article/viewFile/17848/18019
Intent matters here, but yes. Alice could be considered guilty of either Second-Degree Murder or Manslaughter, though the latter is far more likely. Texas has no laws condoning assisted suicide that could absolve Alice. Second-degree murder requires the following: The defendant intentionally and knowingly caused the death of another person The defendant intended to cause serious bodily injury and committed an act that was clearly dangerous to human life and this act caused the death of an individual This is tenuous, but it could be argued this way if Alice intended to cause Bob's death. It certainly meets the second criteria: shooting oneself constitutes serious harm and giving a firearm to someone who has stated an intent to kill themself is reckless. It's more likely that Alice would be charged with manslaughter. The only definition is: A person commits an offense if he recklessly causes the death of an individual. As discussed above, giving someone who has announced an intent to kill themself a loaded gun is reckless. Alice's actions resulted in Bob's death.
Generally speaking, ex parte communications with a judge (i.e. communications to which all parties to a case are not notified) are prohibited, both by law and as a matter of judicial and attorney ethics, subject to some narrow exceptions (e.g. applications for arrest warrants prior to the arrest warrant being carried out). Generally speaking, communications with the court (which is to say with judges or their subordinates) are made a matter of public record, and if the communication is about a particular case, all attorneys in the case must be given notice of it (if someone is not represented by an attorney, the notice goes to the defendant rather than their non-existent attorney). The attorney may then communicate the communication to their client, and generally speaking should communicate it to the client. I don't see anything in the question that suggests that this proposed communication would fall outside the general rule. But, the question isn't very specific and I wouldn't rule out the possibility that an exception might apply in a case with very unusual facts. Also, usually, a request to reconsider a sentence has to be made by a formal motion filed by the prosecutor or the defendant. Generally speaking, a third-party cannot file that motion unilaterally. A third-party or victim would usually only have input into the decision through the prosecutor's office. Third parties and victims are not generally permitted to file motions to reconsider sentences that have been imposed even in states with "victim's rights" statutes, but can publicly provide input to the court before a sentence is imposed, usually at the behest of either the prosecutor or the defendant. Furthermore, generally a criminal defendant has a constitutional right to not have a sentence made more severe after being sentenced the first time around. Reconsideration of a sentence once it is imposed may only be in the direction of leniency. Once a sentence is imposed, it can't be reconsidered to be made more harsh.
What happens to someone who’s committed a murder in the UK? Considering the person will be caught. This is a basic and somewhat vague question so I will provide a basic and very general answer. The name of the court with proper jurisdiction, the relevant criminal procedural rules, and the substantive law that applies varies within the U.K. In particular in Scotland and the various dependencies of the U.K. differ significantly from England-Wales. There are some minor differences in Northern Ireland. England-and-Wales are treated as one for most purposes, but there are some slight differences at the very lowest levels but none materially impact a murder case. If they are caught in England and Wales they are arrested, interviewed, charged then brought before the next available Magistrates' Court who send the defendant to the Crown Court for trial. As a Magistrate has no power to grant bail for murder the defendant must be remanded in custody until he can make an application for bail before the Crown Court, but the default position is that bail should not be granted for murder unless in very exceptional circumstances. In other U.K. jurisdictions, the names of the courts will differ and there may be some other fine details that aren't the same in the pre-trial process but the same general outline applies. If they are outside of the U.K. they will be subject to either an International or European Arrest Warrant and extradited to the UK at the request of the U.K. Government under the terms of the relevant extradition treaties. On arrival in the UK they are arrested for murder and the process proceeds in the same manner. (If they are someplace that does not have an extradition treaty with the U.K., the trial may be deferred until U.K. officials have an opportunity to arrest him and are often dogged in attempting to accomplish, perhaps, for example, while the suspect is on holiday somewhere that there is an extradition treaty.) Prior to the trial, the Crown Prosecution Service (CPS) and the defence will prepare their cases and return to court at various times to settle any issues etc before going to the expense of a full trial. Also, at any time the CPS determine the case to be too weak for a realistic prospect of conviction or the suspect is innocent, they are supposed to dismiss or amend the indictment. The defendant is then tried for murder before a jury (almost always, but not in every single case, e.g., if the defendant admits guilt and the plea is accepted in appropriate proceedings before a judge). The CPS instruct a barrister to present their case with another barrister acting on behalf of the defendant. The process is for juvenile defendants is pretty much the same as for adults, apart from added safeguards to ensure the juvenile understands the proceedings and is not put at any disadvantage due to their age. All of the jurisdictions within the U.K., however, will have a trial that involves presentation of sworn evidence and exhibits and opening and closing arguments from both prosecution and defence counsels to a jury, procedural objections, cross-examination, and sometimes offering of additional evidence under the supervision of a single judge; normally with the defendant present. There will be some means of court reporting, and unless the judge orders otherwise (which is only done in relatively exceptional circumstances), the trial will be open to the public and the press to observe. If the defendant dies before the legal process to secure a conviction is not completed, the case is dismissed as moot. If the defendant is convicted of a homicide offense the trial/sentencing judge will impose a prison sentences, which is &quot;fixed by law&quot;, with a life sentence in the case of the most serious homicide offense, murder (there are multiple homicide offenses that hinge largely on the intent of the defendant, often a murder prosecution will include less included homicide offenses as options for convictions). Only in exceptional cases this will be a whole-life term, in all others the judge will prescribe a minimum sentence according to the judicial sentencing guidelines after which the defendant may be released on licence, which is what an American would call parole. Any offences committed on licence will normally result in a recall to prison. The U.K. does not have a death penalty and does not authorise corporal punishment. The vast majority of people who are arrested and tried for murder are convicted, although there are sometimes acquittals or hung juries. This conviction may be appealed by the defendant to the Court of Appeal (and again up to the Supreme Court) (the intermediate appellate court may not be the same in all U.K. jurisdictions) which reviews the proceedings to determine if the law was applied correctly and if there was sufficient evidence to support the verdict. If the court finds that this was not the case, it can vacate the conviction and orders an appropriate revised disposition of the case depending upon the circumstances justifying the reversal of the trial court. If the appeal court affirm the trial verdict then the sentence continues to be carried out. Usually, but not always, the defendant will be in prison pursuant to the sentence imposed pending an outcome of any appeal. Eventually, if the sentence imposed upon a conviction is affirmed (and not a whole life term) the prisoner may be released on licence (which includes some post-release supervision) and is free and to about living their life again, subject to some collateral consequences based upon their criminal record (e.g. inability to work in certain occupations). If the defendant is acquitted, then they go free and cannot be tried again for the same offence, unless the exceptions under the double jeopardy provisions that apply in that jurisdiction apply. The main exception of double jeopardy is for newly discovered evidence of guilt in a case where there was an acquittal. If the person convicted is not a British citizen, they will usually be deported at the conclusion of their sentence if international law allows for it. There are a few exceptions to these rules that come up in a tiny percentage of all U.K. murders that apply (1) in the case of people subject to courts-martial such as active duty military service members, (2) in the case of foreign diplomats with diplomatic immunity, (3) when the murder is classified as an act of terrorism, and (4) in the case that the defendant has a title of nobility that calls for special treatment such as, e.g., Prince Charles (the current heir to the throne) or the Queen. These special cases are really too esoteric for the plain vanilla facts stated in the question and involve unique processes that are very different from the usual one described above. The fourth case is one that does not exist in my country (the U.S.) and in other countries that are republics rather than constitutional monarchies like the U.K., although most countries have some special rules for criminal trials of their very highest officials (like Presidents and Prime Ministers).