Which of the following is NOT considered a special plea?

Prepare for the New Brunswick Bar Exam. Study with flashcards and multiple choice questions, each question has hints and explanations. Get ready for your exam!

A special plea is typically a defense that can be raised in criminal proceedings to avoid liability based on specific arguments, often involving the defendant's prior legal status or the consequences of prior legal findings.

A. Autrefois acquit refers to a former acquittal; it's a defense that a person cannot be tried again for the same offense once they have been found not guilty. This is a classic example of a special plea, as it directly relates to prior judicial decisions affecting the current charge.

B. A pardon is an official act of forgiveness granted after a conviction, which absolves the individual from the penalties of a criminal conviction. Since this directly impacts the liability for a crime, it is also considered a special plea.

C. An expungement order is a legal process where a record of criminal conviction is removed or erases, essentially making it as if the conviction never existed under certain legal contexts. This can also be utilized to argue against the validity of current charges based on prior convictions, thus fitting the criteria for a special plea.

In contrast, a conditional discharge is not considered a special plea. A conditional discharge means that a person is found guilty but is released under certain conditions without having to serve time, and the conviction can be annul

Subscribe

Get the latest from Examzify

You can unsubscribe at any time. Read our privacy policy