What is an open plea, which Luigi Mangione entered in court?
(NewsNation) — Luigi Mangione, the man accused of killing UnitedHealthcare CEO Brian Thompson, pleaded guilty to federal charges, using an open plea Friday, meaning his plea was made without an agreement in place with prosecutors.

Mangione pleaded guilty to include: one count of interstate stalking resulting in death, which carries a maximum potential sentence of life in prison; and one count of stalking through use of interstate facilities resulting in death, which carries a maximum potential sentence of life in prison. It’s unclear if prosecutors are dropping any charges or taking punishments off the table.
Mangione faces life in prison at sentencing, but after entering the open plea Friday, his fate now rests in the hands of a judge.
Mangione’s attorneys said Friday that by entering the guilty plea, he has accepted full responsibility for killing Thompson. However, they said their client has been treated differently than any other defendant facing the charges Mangione faced in New York.
The open plea allows Mangione to be tried and sentenced twice on the same charges, which would prevent him from facing state charges in New York under the state’s double jeopardy protections, his attorneys said.
By entering an open plea, the defendant — in this case, Mangione — gives up his right to go to trial and to confront witnesses and to present a defense, according to the California criminal defense Weinrieb Law Firm. However, a defendant’s attorney may determine that entering an open plea may be in their client’s best interest to possibly avoid a more severe sentence than they would have without the open plea.
Under an open plea, the defendant enters a plea without any promise or guarantee from prosecutors relating to what kind of sentence they would be seeking. According to NOLO.com, which provides legal self-help guidance, defendants sometimes reject plea agreement offers and opt for an open plea with the hope that they will receive a better sentence than they would have from prosecutors as part of the deal.
Other types of open pleas can come up pursuant to an agreement, the site says. For example, parties could agree the prosecution would agree to drop at least one or more criminal charges the defendant is facing in exchange for a guilty plea to the remaining charge or charges.
Defendants should only consider an open plea under the advice of an attorney, according to Dallas criminal defense attorney Roger Haynes. Haynes wrote on his website that the judge can still believe a defendant deserves a serious prison sentence, which can be handed down even through an open plea.
Unlike prosecutors, judges do not have the freedom to dismiss certain criminal charges or allow a defendant to plead guilty to lesser charges. However, they can set a sentence for the criminal charges that have been levied against a defendant.

