Nolo contendere
From Wikipedia, the free encyclopedia
 |
| Criminal procedure |
|---|
| Investigating and charging crimes |
| Criminal investigation |
| Arrest warrant · Search warrant |
| Probable cause · Knock and announce |
| Exigent circumstance |
| Search and seizure · Arrest |
| Right to silence · Miranda warning (U.S.) |
| Grand jury |
| Criminal prosecution |
| Statute of limitations · Nolle prosequi |
| Bill of attainder · Ex post facto law |
| Criminal jurisdiction · Extradition |
| Habeas corpus · Bail |
| Inquisitorial system · Adversarial system |
| Charges and pleas |
| Arraignment · Indictment |
| Plea · Peremptory plea |
| Nolo contendere (U.S.) · Plea bargain |
| Presentence Investigation |
| Related areas of law |
| Criminal defenses |
| Criminal law · Evidence |
| Civil procedure |
| Portals: Law · Criminal justice |
In criminal trials in some common law jurisdictions, a plea of "nolo contendere" means that the defendant neither admits nor disputes the charge, and is an alternative to pleading guilty or not guilty. This is also called a plea of no contest, stand mute, or, more informally, a "nolo" plea. "Nolo contendere" is Latin and literally means "I do not want to contend." While not technically a guilty plea, it is made as a part of plea bargains and has the same effect as a guilty plea.
Defendants do not always have the right to enter this plea, and different jurisdictions have restrictions on its use. In the United States, state law determines whether and under what circumstances a defendant may plead no contest. In Canada, the defendant may plead nolo contendere only at the discretion of the court.[1] In some other common law countries it is prohibited altogether.
[edit] Effect of a plea of nolo contendere
Defendants are still subject to all the penalties arising from that conviction (such as loss of a driver's license or the right to own a firearm), and if such defendants are later convicted of another offense, it can be considered as an aggravating factor.
A defendant will not, however, be made to allocute to the charges. Also, this plea (unlike a guilty plea) may not be used against them to establish negligence per se, malice, or even that they actually did the acts which resulted in the conviction, in later civil proceedings related to the same set of facts as the criminal prosecution. [2]
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. [3] 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 or with the trial judge's permission.
[edit] See also
[edit] References
- ^ Verdun-Jones, Simon, and Adamira Tijerino. Victim participation in the plea negotiation process in Canada, Appendix C, rule 11, (a) and (b). Department of Justice Canada Policy Centre for Victim Issues, 2002.
- ^ Federal Rules of Evidence, Rule 410(2) [1]
- ^ Texas Rule of Appellate Procedure 25.2
- [2] - Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas, originally published in the Cornell Law Review, Volume 88, Number 6, July 2003
