Types of Pleas Within the Courts

When it comes to information society is privy to, most individuals have only heard of three different pleas: Guilty, Not Guilty, and Nolo Contendere (or the "No Contest" Plea). Now that you're familiar with the Alford Plea, you know that there are really four different types of pleas a defendant can use within the court systems. This post is just to solidify and expand upon what you already know by putting them all side-to-side.

• Guilty: By using this plea, the defendant admits that he or she committed the crime he or she is being charged with. This is a complete admission of guilt and thus a waiver of all rights for the defendant. This plea requires consent of the court to be used.
• Not Guilty: With this plea, the defendant denies any and all charges brought up against him or her. Therefore, the court system now has the burden to prove a case against (or for) the defendant beyond a reasonable doubt. 
• Nolo Contendere (No Contest): This plea means that a defendant does not admit guilt, and will be subjected to punishment as if they entered a guilty plea. This plea is only applicable to the current proceedings. For example, if they enter a Nolo Contendere Plea within a criminal court for assault, the defendant cannot then use the plea for a civil suit against the defendant. This plea, like a guilty plea, also requires consent from the court to be used. 
• Alford Plea: With the Alford Plea, defendants are virtually using a "Not Guilty" plea--by still maintain their innocence--but will be treated in court as if they have entered a "Guilty" plea. Therefore, the defendant will be subjected to the same punishment as if they entered a guilty plea, though in the majority of cases the Alford Plea allows a defendant to bargain down their sentence. This plea, like the Guilty Plea and Nolo Contendere Plea, must be approved by the court in order to be used--though it is also not accepted in 3 state court systems. 

Also, it's important to note that if a defendant fails to enter a plea (or outright refuses), the court must then enter a plea of "Not Guilty" for the defendant. It also falls on the court to determine that the plea was made voluntarily and did not result from force, threats, or promises. 

All Information From:

LegalMatch

Recent Usage - Fairfax, Virginia

Defendant:
Noah Rucker

Noah Rucker was 29 when he was the girl's swim coach at James Madison High School. Now, at 40, a girl has come forward and states that she had inappropriate sexual contact with Rucker when she was 17 years old. Back in June of 2012, Rucker was arrested and charged with three felony counts of "taking indecent liberties with a minor."

However, Rucker was able to use the Alford Plea in this case, which dropped the three felony counts down to a single misdemeanor of "contributing to the delinquency of a minor." According to the Washington Post, Rucker is expected to serve approximately six months in prison. Along with time in prison, Rucker will be prohibited from coaching swim and having contact with the woman who came forward.

Not only did Rucker abuse his position within the school system, but now he will most likely get away with just six months in prison? When did our society begin to think that it's okay to give sex offenders a slap on the wrist for these crimes?

According to the Virginia Department of Health, statutory rape laws have two levels: "carnal knowledge of a child between thirteen and fifteen years of age," and "someone 18 years or older having sex with someone age 15, 16, or 17 years old." The second would apply to Rucker's case, and is seen as a class one misdemeanor, meaning that he could serve up to a year in jail as well as a $2,500 fine. However, no where in the Washington Post article does it say that Rucker was charged with "statutory rape."

In addition, the mere fact that Rucker continued to coach swimmers in his region following these acts in 2001 is a problem of its own. Yes, it's true that one criminal act should not completely ruin a person's life. However, Rucker continued the job that put him in the position to commit a crime for years after the act. How can we ever be certain that the defendant has not committed similar acts with woman all over the region during these past 12 years?

29% of rape victims are ages 12-17, the exact range of ages Rucker would have had access to while coaching girl's swim. Not only that, but about a half of rape victims never report the crime.

Why don't victims report their rapes?

1. 23% feel that rape is a "personal matter."
2. 16% of victims fear backlash for reporting the crime
3. 6% of victims feel that the people are biased

With statistics like these, it comes as no surprise that many men and women who have been raped or sexually assaulted will never come forward with details of the crime, or even the name of the offender. While I would never suggest criminalizing someone based on what could be true, we need to realize the facts of sexual assault show that Rucker may very well have had sexual contact with more teenage girls during his time as a swim coach.


Let's keep our minds open, but realize concurrently the injustice that is taking place within Rucker's case. The Alford Plea should not be used in sexual assault cases, let alone any cases. Most, if not all, victims of sexual assault need the admission of guilt to move forward. So while the six months in prison may give Rucker time to rethink his actions, that woman who came forward will never hear him say, "Yes. I sexually assaulted you and I plead guilty to the crimes set in front of me."

Thomas B. Walsh, Noah Rucker's attorney put it best. "Mr. Rucker denies any responsibility in the case. In light of the charges and in all fairness to the parties involved, an agreement was reached to reduce the charges to misdemeanors."

I don't know about you, but if I was sexually assaulted by my high school swim coach, I don't think I would have "agreed" to reducing his charges and letting him get away with never admitting responsibility.


As always, thoughts welcome.


Information From:
RAINN - Rape, Abuse & Incest National Network
The Washington Post
VDH - Virginia Department of Health