ENTERING JUDGEMENT ON A PLEA OF NOLO CONTENDERE - A REEXAMINATION OF NORTH CAROLINA V ALFORD AND SOME THOUGHTS ON THE RELATIONSHIP BETWEEN PROOF AND PUNISHMENT

• NCJ Number: 36473
• Journal: Arizona Law Review Volume: 17 Issue: 4 Dated: (1975) Pages: 992-1022
• Author(s): N H COGAN
• Date Published: 1975
• Length: 31 pages
• Corporate Author: University of Arizona
• Publication Format: Article
• Language: English
• Country: United States of America

Annotation

REVIEW OF THE SUPREME COURT DECISION IN NORTH CAROLINA V ALFORD (1970) WHICH FOUND THE DEFENDANT'S PLEA OF GUILTY TO A LESSER CHARGE VALID DESPITE THE FACT THAT IT WAS ACCOMPANIED BY PROTESTATIONS OF INNOCENCE.

Abstract

THE AUTHOR EXAMINES THE ENGLISH COMMON LAW EVOLUTION OF THE PLEA OF NOLO CONTENDERE TO ILLUSTRATE THE HISTORICAL CONCERN FOR CERTAINTY OF PROOF IN THE CONTEXT OF PLEA OFFERINGS. A DISCUSSION OF ALFORD AGAINST THIS COMMON LAW BACKGROUND REACHES THE CONCLUSION THAT THIS CONCERN HAS BEEN SUBSTANTIALLY DILUTED. (AUTHOR ABSTRACT MODIFIED)