Features

• An admission is a criminal defendant's statement that acknowledging that some fact relevant to the charges against him are true. An admission stops short of confessing guilt but confirms facts that are contrary to the defendant's interest. A stipulation is a document submitted to the judge featuring some fact both sides agree on. Guidelines about stipulations and admissions are court rules that say when stipulations and admissions can be used in criminal trials.
  
  

Significance

• Guidelines about stipulations and admissions in criminal trials are significant because trials move along much more efficiently when the defendant admits to elements of the case or agrees to stipulate to certain facts so the prosecution does not need spend time proving them. The Federal Rules of Evidence and other court guidelines allow most admissions to be entered into evidence at criminal trials, even if the defendant doesn't testify.
  
  

Time Frame

• Rules of criminal procedure and other guidelines for criminal cases state that stipulations can be submitted to the court at any time during pretrial, trial or sentencing hearings. In most jurisdictions, guidelines for admissions in criminal cases require the prosecution to advise the defendant before trial of its intent to put an admission into evidence so that the defendant has time to object or request a hearing without the jury present.
  
  

Effects

• One effect of a stipulation is that the defendant waives her constitutional trial rights regarding that fact. Rules of criminal procedure provide guidelines for judges to follow in deciding whether to accept a stipulation. These guidelines include questioning the defendant to ensure that she is aware of the rights she is giving up by stipulating to some fact and to make sure she is giving up those rights voluntarily.
  
  

Misconceptions

• One popular misconception about criminal trials is that judges must accept a defendant's offer to stipulate to certain facts or points of evidence. Guidelines regarding the use of stipulations in criminal cases state that acceptance of such stipulations is within the judge's discretion. Another misconception is that the prosecution has to get one co-defendant to turn state's evidence and testify against another co-defendant. Guidelines regarding use of admissions in criminal cases allow juries to hear a co-defendant's admissions even if the co-defendant does not testify.
  
  

Considerations

• Admissions and stipulations will not likely be admitted in the trial of a criminal case if they were entered into due to pressure, threats or bribes. Guidelines regarding admissions and stipulations in criminal cases only let these points into evidence if they were entered into of the defendant's own free will.