Nolo contendere
Nolo contendere, a Latin term meaning "no contest," refers to a legal plea in which a defendant does not dispute the charges against them but also does not admit guilt. This type of plea is often utilized in criminal cases where civil liability may also be a concern. By pleading nolo contendere, defendants accept the penalties associated with the charges, similar to pleading guilty, but without the acknowledgment of wrongdoing. This distinction is significant because such pleas cannot be used against defendants in related civil proceedings, providing them a measure of protection in future legal matters.
Nolo contendere pleas must be entered voluntarily and without coercion, similar to guilty pleas. While this option is available in federal courts and most states, it is primarily employed in misdemeanor cases. Defendants typically need to seek permission from the prosecution or the court to enter a nolo contendere plea. Despite some criticism regarding its purpose, many legal authorities recognize the practical function that nolo contendere serves within the judicial process. Notable historical examples include former U.S. Vice President Spiro Agnew and actor Hugh Grant, both of whom opted for this plea in their respective legal situations.
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Nolo contendere
SIGNIFICANCE:Nolo contendere pleas are most commonly made when civil cases against defendants are possible. Although this form of plea has been criticized for lacking logical and theoretical purpose, some authorities argue that the passage of time has shown nolo contendere to perform a useful and practical function in the court process.
Defendants in criminal court are provided the option to plead guilty, not guilty, and, sometimes, nolo contendere. Latin for “no contest,” the term nolo contendere indicates that defendants are not contesting the charges against them. Instead, the defendants are essentially accepting penalties without admitting guilt. Defendants who plead no contest are thus subject to the same penalties they would receive if they instead simply pleaded guilty to the charges. Nolo contendere pleas are also similar to guilty pleas in that they must be made voluntarily and without force or threats. However, nolo contendere pleas differ from guilty pleas in not acknowledging wrongdoing. For that reason, they cannot be used against defendants in later civil proceedings resulting from the same offenses.
![95342989-20380.jpg](https://imageserver.ebscohost.com/img/embimages/ers/sp/embedded/95342989-20380.jpg?ephost1=dGJyMNHX8kSepq84xNvgOLCmsE2epq5Srqa4SK6WxWXS "39 Spiro Agnew 3x4. Spiro Agnew, the thirty-ninth vice president of the United States, pleaded nolo contendere to a charge of tax evasion in 1973 and resigned as vice president. Public Domain, via Wikimedia Commons\")
While the right to plead guilty or not guilty is a fundamental right in the criminal justice system in the United States, defendants do not have an unqualified right to plead nolo contendere. Nolo contendere pleas are allowed in federal courts and in the majority of states but are mainly used for misdemeanors. In cases that qualify for nolo contendere pleas, defendants usually have to acquire permission from either the prosecution, the court, or both.
Bibliography
"Pleas of Guilty." American Bar Association, 2024, www.americanbar.org/groups/criminal‗justice/publications/criminal‗justice‗section‗archive/crimjust‗standards‗guiltypleas‗blk/. Accessed 8 July 2024.
Burnett, C. “Nolo Contendere: Efficient or Effective Administration of Justice?” Criminal Law Bulletin 23 (1987): 117-134.