Yes, they can but customarily the court will not allow it without the defendant having full access to their defense attorney for advice.
The reason for this is so that the defendant may not subsequently appeal his
"uninformed" plea and it will not be over-turned on appeal because the defendant was refused his right to counsel. .
The jury does not decide what punishment the defendant gets, the judge does. The only thing the jury decides is whether the defendant is guilty or not guilty of what he is accused of.
The advantage is that there is no risk that a jury would find the defendant not guilty. Even if the defendant makes a plea bargain and pleads guilty to a lesser offense, at least the defendant will not get avoid any punishment.
The Judge determines the punishment once the verdict has been read and the defendant found guilty.
An open plea is when a defendant pleads guilty without an agreement regarding punishment.
Overwhelmingly obvious proof (evidence) of the offense would lead a guilty defendant to just go ahead and plead to the charge.
A defendant is punished after the jury has listened to the evidence during a trial, and decides whether or not the defendant is guilty.Added: After the jury delivers its decision the defendant will be sentenced by the judge according to the applicable law - then - the defendant's "punishment" will commence.
The judge is required by law to sentence a charge for the defendant is found guilty of. When defendant is found guilty of multiple felony convictions, the must be sentenced for each one.
Co-defendants can be sentenced differently. They do not have to all be found guilty or not guilty.
In a criminal case, a charge is the specific criminal act that the accused is alleged to have committed. For example, a person could be charged with murder or possession of a controlled substance. A plea is the defendant's formal response. Typically, the defendant can plead guilty or not guilty, and sometimes nolo contendre.
You mean capitAl punishment- it means the death sentence being given to someone who has been found guilty of a crime.
the defendant pleads guilty
It sounds from the question, as if the defendant was charged for TWO offenses. The one for which he was arrested, and the obstruction charge (when he apparently 'resisted' the arrest). . The question indicates that he was found not guilty of the original arrest charge, but WAS found guilty of obstructing the officer.