Nolo contendere
Encyclopedia
is a legal term that comes from the Latin
for "I do not wish to contend." It is also referred to as a plea
of no contest.
In criminal trials
, and in some common law
jurisdictions, it is a plea where the defendant
neither admits nor disputes a charge
, serving as an alternative to a pleading of guilty
or not guilty
.
A no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain
. In many jurisdictions a plea of is not a right
, and carries various restrictions on its use.
, state law determines whether, and under what circumstances, a defendant may plead no contest in state criminal cases. In federal court, the Federal Rules of Criminal Procedure
only allow a nolo contendere plea to be entered with the court's consent; before accepting the plea, the court is required to "consider the parties' views and the public interest in the effective administration of justice."
the charges. This means that a conviction typically may not be used to establish either negligence per se
, malice
, or whether the acts were committed at all in later civil proceedings related to the same set of facts as the criminal prosecution.
Under the Federal Rules of Evidence
, and most state rules which parallel them, pleas may not be used to defeat the hearsay
prohibition if offered as an "admission by [a] party-opponent". Assuming the appropriate gravity of the charge, and all other things being equal, a guilty plea to the same charge would cause the reverse effect: An opponent at trial could introduce the plea, over a hearsay objection, as evidence to establish a certain fact.
, a criminal conviction based on a nolo contendere plea may be used against the defendant in future civil actions. The Alaska Supreme Court
ruled in 2006 that a "conviction based on a no contest plea will collaterally estop
the criminal defendant from denying any element in a subsequent civil action against him that was necessarily established by the conviction, as long as the prior conviction was for a serious criminal offense and the defendant in fact had the opportunity for a full and fair hearing".
, the board of pharmacy considers a plea of nolo contendere to be deemed a conviction with regard to issuing licensing for pharmacies, pharmacist and drug wholesalers.
, the state Supreme Court
held in 2005 that no-contest convictions may be treated as prior convictions for the purposes of future sentencing.
, the right to appeal the results of a plea bargain
taken from a plea of is highly restricted. Defendants who have entered a plea of may only appeal the judgment of the court if the appeal is based on written pretrial motions ruled upon by the court.
deviates from the federal evidentiary rule in that a nolo contendere plea entered in a criminal case is admissible in a related civil proceeding.
, the plea of is not permitted. The defendant must enter a plea of "guilty" or "not guilty". If a defendant refuses to enter a plea, the court will record a plea of "not guilty".
Latin
Latin is an Italic language originally spoken in Latium and Ancient Rome. It, along with most European languages, is a descendant of the ancient Proto-Indo-European language. Although it is considered a dead language, a number of scholars and members of the Christian clergy speak it fluently, and...
for "I do not wish to contend." It is also referred to as a plea
Plea
In legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...
of no contest.
In criminal trials
Trial (law)
In law, a trial is when parties to a dispute come together to present information in a tribunal, a formal setting with the authority to adjudicate claims or disputes. One form of tribunal is a court...
, and in some common law
Common law
Common law is law developed by judges through decisions of courts and similar tribunals rather than through legislative statutes or executive branch action...
jurisdictions, it is a plea where the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
neither admits nor disputes a charge
Criminal charge
A criminal charge is a formal accusation made by a governmental authority asserting that somebody has committed a crime. A charging document, which contains one or more criminal charges or counts, can take several forms, including:* complaint...
, serving as an alternative to a pleading of guilty
Guilt (law)
In criminal law, guilt is entirely externally defined by the state, or more generally a “court of law.” Being “guilty” of a criminal offense means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute...
or not guilty
Acquittal
In the common law tradition, an acquittal formally certifies the accused is free from the charge of an offense, as far as the criminal law is concerned. This is so even where the prosecution is abandoned nolle prosequi...
.
A no-contest plea, while not technically a guilty plea, has the same immediate effect as a guilty plea, and is often offered as a part of a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
. In many jurisdictions a plea of is not a right
Right
Rights are legal, social, or ethical principles of freedom or entitlement; that is, rights are the fundamental normative rules about what is allowed of people or owed to people, according to some legal system, social convention, or ethical theory...
, and carries various restrictions on its use.
Origin
Derived from English common law, several common law jurisdictions, including the United States, also adopted the nolo contendere concept.United States
In the United StatesUnited States
The United States of America is a federal constitutional republic comprising fifty states and a federal district...
, state law determines whether, and under what circumstances, a defendant may plead no contest in state criminal cases. In federal court, the Federal Rules of Criminal Procedure
Federal Rules of Criminal Procedure
The Federal Rules of Criminal Procedure are the procedural rules that govern how federal criminal prosecutions are conducted in United States district courts, the general trial courts of the U.S. government. As such, they are the companion to the Federal Rules of Civil Procedure...
only allow a nolo contendere plea to be entered with the court's consent; before accepting the plea, the court is required to "consider the parties' views and the public interest in the effective administration of justice."
Residual effects
A plea has the same immediate effects as a plea of guilty, but may have different residual effects or consequences in future actions. For instance, a conviction arising from a nolo contendere plea is subject to any and all penalties, fines, and forfeitures of a conviction from a guilty plea in the same case, and can be considered as an aggravating factor in future criminal actions. However, unlike a guilty plea, a defendant in a plea may not be required to allocuteAllocution
Generally, to allocute in law means "to speak out formally." In the field of apologetics, allocution is generally done in defense of a belief. In politics, one may allocute before a legislative body in an effort to influence their position on an issue...
the charges. This means that a conviction typically may not be used to establish either negligence per se
Negligence per se
Negligence per se is the legal doctrine whereby an act is considered negligent because it violates a statute . In order to prove negligence per se, the plaintiff must show that# the defendant violated the statute,...
, malice
Malice (legal term)
Malice is a legal term referring to a party's intention to do injury to another party. Malice is either expressed or implied. Malice is expressed when there is manifested a deliberate intention unlawfully to take away the life of a human being...
, or whether the acts were committed at all in later civil proceedings related to the same set of facts as the criminal prosecution.
Under the Federal Rules of Evidence
Federal Rules of Evidence
The is a code of evidence law governing the admission of facts by which parties in the United States federal court system may prove their cases, both civil and criminal. The Rules were enacted in 1975, with subsequent amendments....
, and most state rules which parallel them, pleas may not be used to defeat the hearsay
Hearsay
Hearsay is information gathered by one person from another person concerning some event, condition, or thing of which the first person had no direct experience. When submitted as evidence, such statements are called hearsay evidence. As a legal term, "hearsay" can also have the narrower meaning of...
prohibition if offered as an "admission by [a] party-opponent". Assuming the appropriate gravity of the charge, and all other things being equal, a guilty plea to the same charge would cause the reverse effect: An opponent at trial could introduce the plea, over a hearsay objection, as evidence to establish a certain fact.
Alaska
In AlaskaAlaska
Alaska is the largest state in the United States by area. It is situated in the northwest extremity of the North American continent, with Canada to the east, the Arctic Ocean to the north, and the Pacific Ocean to the west and south, with Russia further west across the Bering Strait...
, a criminal conviction based on a nolo contendere plea may be used against the defendant in future civil actions. The Alaska Supreme Court
Alaska Supreme Court
The Alaska Supreme Court is the state supreme court in the State of Alaska's judicial department . The supreme court is composed of the chief justice and four associate justices, who are all appointed by the governor of Alaska and face judicial retention elections and who choose one of their own...
ruled in 2006 that a "conviction based on a no contest plea will collaterally estop
Estoppel
Estoppel in its broadest sense is a legal term referring to a series of legal and equitable doctrines that preclude "a person from denying or asserting anything to the contrary of that which has, in contemplation of law, been established as the truth, either by the acts of judicial or legislative...
the criminal defendant from denying any element in a subsequent civil action against him that was necessarily established by the conviction, as long as the prior conviction was for a serious criminal offense and the defendant in fact had the opportunity for a full and fair hearing".
California
In CaliforniaCalifornia
California is a state located on the West Coast of the United States. It is by far the most populous U.S. state, and the third-largest by land area...
, the board of pharmacy considers a plea of nolo contendere to be deemed a conviction with regard to issuing licensing for pharmacies, pharmacist and drug wholesalers.
Florida
In FloridaFlorida
Florida is a state in the southeastern United States, located on the nation's Atlantic and Gulf coasts. It is bordered to the west by the Gulf of Mexico, to the north by Alabama and Georgia and to the east by the Atlantic Ocean. With a population of 18,801,310 as measured by the 2010 census, it...
, the state Supreme Court
Florida Supreme Court
The Supreme Court of the State of Florida is the highest court in the U.S. state of Florida. The Supreme Court consists of seven judges: the Chief Justice and six Justices who are appointed by the Governor to 6-year terms and remain in office if retained in a general election near the end of each...
held in 2005 that no-contest convictions may be treated as prior convictions for the purposes of future sentencing.
Texas
In TexasTexas
Texas is the second largest U.S. state by both area and population, and the largest state by area in the contiguous United States.The name, based on the Caddo word "Tejas" meaning "friends" or "allies", was applied by the Spanish to the Caddo themselves and to the region of their settlement in...
, the right to appeal the results of a plea bargain
Plea bargain
A plea bargain is an agreement in a criminal case whereby the prosecutor offers the defendant the opportunity to plead guilty, usually to a lesser charge or to the original criminal charge with a recommendation of a lighter than the maximum sentence.A plea bargain allows criminal defendants to...
taken from a plea of is highly restricted. Defendants who have entered a plea of may only appeal the judgment of the court if the appeal is based on written pretrial motions ruled upon by the court.
Virginia
VirginiaVirginia
The Commonwealth of Virginia , is a U.S. state on the Atlantic Coast of the Southern United States. Virginia is nicknamed the "Old Dominion" and sometimes the "Mother of Presidents" after the eight U.S. presidents born there...
deviates from the federal evidentiary rule in that a nolo contendere plea entered in a criminal case is admissible in a related civil proceeding.
Australia
In AustraliaAustralia
Australia , officially the Commonwealth of Australia, is a country in the Southern Hemisphere comprising the mainland of the Australian continent, the island of Tasmania, and numerous smaller islands in the Indian and Pacific Oceans. It is the world's sixth-largest country by total area...
, the plea of is not permitted. The defendant must enter a plea of "guilty" or "not guilty". If a defendant refuses to enter a plea, the court will record a plea of "not guilty".