NOLO CONTENDERE

'''Nolo contendere''', in criminal trials, in some common law jurisdictions, is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. Its literal translation from Latin means, "I do not contest," and is also referred to as a plea of ''no contest'', to ''stand mute'', or, more informally, a ''nolo'' plea. ''Nolo contendere'', while not technically a guilty plea, has the same effect as a guilty plea, and is often offered as a part of a plea bargain.^[1]
A plea of ''nolo contendere'' in many jurisdictions is not a right, and carries various restrictions on its use. In the United States, state law determines whether, and under what circumstances a defendant may plead no contest. In Canada, a defendant may plead ''nolo contendere'' only at the discretion of the court.^[2] Several other common law countries, however, prohibit the plea altogether.
One of the most famous nolo contendere pleas in United States history was that of US Vice President Spiro T. Agnew, who was accused of crimes committed while he was the governor of Maryland. Mr. Agnew pleaded nolo contendere in a Maryland court to the charges. Eventually, Agnew was forced to resign as Vice President.

Contents

Procedural effects

See also

References

Procedural effects

A conviction arising from a ''nolo'' plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea, and can be considered as an aggravating factor in future criminal actions. However, unlike a guilty plea, a defendant may not be required to allocute the charges, and the conviction may be used to establish neither ''negligence per se'', malice, nor whether the acts were committed at all, in later civil proceedings related to the same set of facts as the criminal prosecution.^[3]
In some jurisdictions, such as the U.S. state of Texas, the right to appeal the results of a plea bargain taken from a plea of ''nolo contendere'' is highly restricted. In Texas, defendants who have entered a plea of ''nolo contendere'' may only appeal the judgment of the court if the appeal is based on written pretrial motions ruled upon by the court.^[4]

See also

★ ''Nolle prosequi''

★ ''Alford plea''

References

1. Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of ''Alford'' and Nolo Contendere Pleas, Stephano Bibas, , , Cornell Law Review,
2. Victim Participation in the Plea Negotiation Process in Canada, Appendix C, Rule 11(a); (b) Simon N. Verdun-Jones, J.S.D.; Adamira A. Tijerino, M.A.
3. United States Federal Rules of Evidence, Rule 410(2) Legal Information Institute
4. Texas Rules of Appellate Procedure, Rule 25.2(a)