Legal Definitions - double plea

A double plea occurs in a criminal case when a defendant attempts to enter two contradictory or inconsistent pleas to the same charge or set of charges. Legal systems generally do not permit a double plea because it creates confusion about the defendant's position and the specific issues that need to be resolved at trial. A defendant is typically required to enter a single, clear plea, such as "guilty," "not guilty," or "nolo contendere" (no contest).

Here are some examples to illustrate this concept:

• Directly Contradictory Pleas: Imagine a defendant accused of vandalism. When asked for their plea by the judge, they state, "Your Honor, I plead guilty to spray-painting the wall, but I also plead not guilty because I was dared to do it and didn't think it was serious." This is a double plea because the defendant is attempting to simultaneously admit guilt for the act while also denying overall culpability, which creates an ambiguous and inconsistent stance for the court.

• Inconsistent Plea to Elements of a Crime: Consider a person charged with felony embezzlement, which requires both taking property and the specific intent to defraud. When asked for their plea, the defendant says, "I plead guilty to taking the money from the company account, but not guilty to intending to permanently keep it or defraud anyone." This constitutes a double plea because it tries to separate the essential elements of the crime into two conflicting pleas, rather than entering a single plea (e.g., "not guilty") and then arguing a lack of intent during the trial.

• Attempting to Combine a Plea with a Justification: A defendant is charged with assault. When asked for their plea, they tell the court, "I plead not guilty, but I also want to state that I only hit the person because they were threatening my family." While self-defense or defense of others might be a valid legal defense, trying to present this justification *as part of the plea itself* alongside "not guilty" creates a double plea. The proper procedure is to enter a single "not guilty" plea, and then present the defense and supporting evidence during the trial, allowing the court to determine if the justification negates culpability.