Nolo contendere, a Latin term meaning “I do not wish to contend,” is a unique legal plea used by defendants in criminal cases. By entering this plea, the defendant indicates that they will not contest the charge brought against them by the government. Unlike a guilty plea, nolo contendere does not constitute an admission of guilt and, therefore, cannot be used as evidence of liability in any other legal proceedings, such as civil lawsuits.
Types and Applications
Criminal Law
In criminal law, a nolo contendere plea has the same immediate effect as a guilty plea. The court can sentence the defendant on the criminal charge without the need for a trial. However, because it is not an outright admission of guilt, it provides the defendant with a layer of protection against concomitant civil lawsuits stemming from the same facts of the case.
Civil Law
In the context of civil litigation, a nolo contendere plea is particularly strategic. Since it cannot be used as an admission of guilt, it prevents plaintiffs in civil court from leveraging the criminal conviction to assert that the defendant is liable for damages.
Special Considerations
Acceptance by the Court
The acceptance of a nolo contendere plea is at the discretion of the court. Judges consider various factors including the nature of the crime and the defendant’s criminal history. Different jurisdictions may have varying rules about when and how such a plea can be entered.
Impact on Sentencing
While a nolo contendere plea still allows for sentencing akin to a guilty plea, it does not carry the same weight in terms of establishing fault or liability in subsequent civil proceedings.
Examples and Case Studies
Historical Context
Nolo contendere has historical roots in English common law, but it has been adapted into modern American jurisprudence to offer defendants a means to resolve criminal charges without an outright admission of guilt.
Notable Cases
One notable use of the nolo contendere plea was in the case of television personality Martha Stewart. In 2004, Stewart was charged with securities fraud and obstruction of justice. While she entered a nolo contendere plea to some of the charges, it effectively concluded her criminal matters without directly admitting guilt, offering her some protection against related civil claims.
Applicability and Comparisons
Comparisons with Other Pleas
- Guilty Plea: An outright admission of guilt, leading to a conviction that can be used in civil court.
- Not Guilty Plea: The defendant contests the charge, leading to a trial.
- Alford Plea: The defendant maintains innocence but acknowledges that the prosecution has sufficient evidence to prove guilt.
Related Terms
- Plea Bargain: An agreement between the defendant and prosecutor where the defendant pleads guilty to a lesser charge in exchange for a lighter sentence.
- Alford Plea: A plea where the defendant does not admit guilt but acknowledges that there is enough evidence to convict them.
FAQs
Q1: Can nolo contendere pleas be used in all criminal cases?
- No, the use of nolo contendere pleas is subject to jurisdictional rules and the discretion of the court.
Q2: Does a nolo contendere plea affect public records?
- The plea itself and the conviction will appear on public records, but it is not an admission of guilt.
Q3: Is there an advantage to pleading nolo contendere over guilty?
- Yes, it protects against the plea being used as an admission of fault in related civil lawsuits.
References
- Black, Henry Campbell. “Black’s Law Dictionary.” 11th Edition.
- Wayne R. LaFave et al., “Criminal Procedure”, 6th Edition, West Academic.
- Samuel J. Levine, “The Dynamics of Plea Bargaining under American Law”, Fordham Law Review, 2001.
Summary
Nolo contendere is a strategic legal plea used by defendants to resolve criminal charges without admitting guilt, thus insulating themselves from some of the repercussions in subsequent civil proceedings. It’s a plea option that balances the immediate need to resolve criminal matters with the foresight of future legal landscape considerations.
