Can a defendant plead out an element of the crime by pleading not to contest the issue?
MultiRegion, United States of America
The following excerpt is from U.S. v. Breitkreutz, 8 F.3d 688 (9th Cir. 1993):
We have held, and rightly so, that a prosecutor should have latitude to "tell the story" of the charged offense, and that a defendant may not block the admission of unfavorable evidence by "pleading out" an element of the crime. See, e.g., United States v. Hadley, 918 F.2d 848, 851-52 (9th Cir.1990) (defendant charged with aggravated sexual assault and abusive sexual conduct cannot prevent the admission of evidence of his criminal intent by offering not to contest the issue);
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