# No Contest - Bricker rises to the "challenge" **URL:** \ **Category:** Cecil's Columns/Staff Reports\ **Created:** [August 30, 2005, 1:27pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240 "2005-08-30T13:27:18Z")\ **Posts on this page:** 20\ **Page:** 1
**Author:** ![Rhubarb](https://avatars.discourse-cdn.com/v4/letter/r/59ef9b/32.png) [@Rhubarb](https://boards.straightdope.com/u/Rhubarb)\ **Post date:** [August 30, 2005, 1:27pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/1 "2005-08-30T13:27:18Z")
**Bricker** , Nice job on the [No Contest plea](http://www.straightdope.com/mailbag/mnocontest.html) staff report. It was clear, factual, and more importantly, concise. Congratulations, sir. Well done. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 30, 2005, 1:41pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/2 "2005-08-30T13:41:15Z")
Great job **Bricker**. ---
**Author:** ![Ponder\_Stibbons](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ponder_stibbons/32/343_2.png) [@Ponder\_Stibbons](https://boards.straightdope.com/u/Ponder_Stibbons)\ **Post date:** [August 30, 2005, 1:53pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/3 "2005-08-30T13:53:02Z")
You know, I had also always kind of wondered about “guilty” versus “no contest”. Thanks for the great article, **Bricker**. It was quite illustrative. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 30, 2005, 3:31pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/4 "2005-08-30T15:31:41Z")
Now the only question of importance left unanswered… … who will play me in the movie? 🙂 Seriously, thanks for the kind words. It was great fun to serve as a guest contributer! ---
**Author:** ![nameless](https://avatars.discourse-cdn.com/v4/letter/n/779978/32.png) [@nameless](https://boards.straightdope.com/u/nameless)\ **Post date:** [August 30, 2005, 3:51pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/5 "2005-08-30T15:51:25Z")
Cool article, **Bricker**. Your writings on legal matters have always been extremely easy to follow. Even though I am a _de facto_ lawyer by now thanks to my extensive _Law & Order_ watching, sometimes we all need a little help. ---
**Author:** ![Bryan\_Ekers](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/bryan_ekers/32/183_2.png) [@Bryan\_Ekers](https://boards.straightdope.com/u/Bryan_Ekers)\ **Post date:** [August 30, 2005, 3:53pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/6 "2005-08-30T15:53:28Z")
Suddenly all those _Law & Order_ episodes make sense. ---
**Author:** ![SkipMagic](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/skipmagic/32/20706_2.png) [@SkipMagic](https://boards.straightdope.com/u/SkipMagic)\ **Post date:** [August 30, 2005, 3:55pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/7 "2005-08-30T15:55:56Z")
> [@Bricker](#): > > Now the only question of importance left unanswered… > > … who will play me in the movie? Sean Penn? 😉 ---
**Author:** ![vetbridge](https://avatars.discourse-cdn.com/v4/letter/v/b5e925/32.png) [@vetbridge](https://boards.straightdope.com/u/vetbridge)\ **Post date:** [August 30, 2005, 3:59pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/8 "2005-08-30T15:59:51Z")
> [@Bricker](#): > > Now the only question of importance left unanswered… > > … who will play me in the movie? My advice . . . if it is Steve Buscemi you should sue. 😃 ---
**Author:** ![Chronos](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/chronos/32/134_2.png) [@Chronos](https://boards.straightdope.com/u/Chronos)\ **Post date:** [August 30, 2005, 4:17pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/9 "2005-08-30T16:17:17Z")
Just to make sure I have this straight: The court will not necessarily accept a plea of _nolo contendere_, but if the court does accept it, there is no drawback and potential advantages to the defendant to plead n. c. rather than guilty. Is this correct? ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 30, 2005, 4:17pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/10 "2005-08-30T16:17:43Z")
Joe Pesci: Vinny Gambini: It is possible that the two utes… Judge Chamberlain Haller: …Ah, the two what? Uh… uh, what was that word? Vinny Gambini: Uh… what word? Judge Chamberlain Haller: Two what? Vinny Gambini: What? Judge Chamberlain Haller: Uh… did you say “utes”? Vinny Gambini: Yeah, two utes. Judge Chamberlain Haller: What is a ute? [beat] Vinny Gambini: Oh, excuse me, Your Honor… [exaggerated] Vinny Gambini: two YOUTHS. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 30, 2005, 4:40pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/11 "2005-08-30T16:40:16Z")
> [@Chronos](#): > > Just to make sure I have this straight: The court will not necessarily accept a plea of _nolo contendere_, but if the court does accept it, there is no drawback and potential advantages to the defendant to plead n. c. rather than guilty. Is this correct? Correct. ---
**Author:** ![Big\_Whistle](https://avatars.discourse-cdn.com/v4/letter/b/5f9b8f/32.png) [@Big\_Whistle](https://boards.straightdope.com/u/Big_Whistle)\ **Post date:** [August 30, 2005, 5:07pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/12 "2005-08-30T17:07:21Z")
> [@Bricker](#): > > Correct. Why, then, would anyone ever bother trying to get a guilty plea? The defendant should always prefer to plead _nolo_, and the DA shouldn’t care, since the result is a verdict of guilty, with punishment. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 30, 2005, 7:57pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/13 "2005-08-30T19:57:42Z")
> [@Big Whistle](#): > > Why, then, would anyone ever bother trying to get a guilty plea? The defendant should always prefer to plead _nolo_, and the DA shouldn’t care, since the result is a verdict of guilty, with punishment. The prosecution (and the court) isn’t always going to be happy with a _nolo_ plea. It allows the defendant to deny the crime – as I indicated in my report – and if that were the general practice, it would call into question the administration of justice; it would raise the appearance that defendents are being browbeaten into pleading guilty. The prosecution often has an interest in seeing that the defendant is hit with the collateral consequences of his acts. Although I didn’t go down this route in the column, it raises potential problems at parole time; one of the indicia that parole boards can look to is acceptance of responsibility for the crime for which you’ve been convicted. The prosecution often insists on an allocution of guilt. The court often requires it as part of the factual basis for the plea. When the circumstances suggest it’s appropriate, they will accept it; by no means is it positioned to become the default substitute for a guilty plea. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 30, 2005, 8:18pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/14 "2005-08-30T20:18:49Z")
An aside: In Michigan civil practice, there is a procedure for pleading no contest to allegations in a complaint: > [@](#): > > © Form of Responsive Pleading. As to each allegation on which the adverse party relies, a responsive pleading must > > ``` > (1) state an explicit admission or denial; > > (2) plead no contest; or > > (3) state that the pleader lacks knowledge or information sufficient to form a belief as to the truth of an allegation, which has the effect of a denial. > > ``` > > . . . . > > (E) Effect of Failure to Deny. . . . > > ``` > (3) A pleading of no contest, provided for in subrule (C)(2), permits the action to proceed without proof of the claim or part of the claim to which the pleading is directed. Pleading no contest has the effect of an admission only for purposes of the pending action. > > ``` [http://courtofappeals.mijud.net/rules/public/MCR2.htm#2.111](http://courtofappeals.mijud.net/rules/public/MCR2.htm#2.111) The only pleadings that I have seen actually using this technique are my own. And I’ve not seen a similar rule elsewhere. ---
**Author:** ![Bricker](https://avatars.discourse-cdn.com/v4/letter/b/977dab/32.png) [@Bricker](https://boards.straightdope.com/u/Bricker)\ **Post date:** [August 30, 2005, 8:23pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/15 "2005-08-30T20:23:03Z")
> [@Gfactor](#): > > The only pleadings that I have seen actually using this technique are my own. And I’ve not seen a similar rule elsewhere. Heh heh heh … I always thoguht the first rule of civl practice was to deny each and every allegation in the complaint. ---
**Author:** ![Gfactor](https://avatars.discourse-cdn.com/v4/letter/g/9de053/32.png) [@Gfactor](https://boards.straightdope.com/u/Gfactor)\ **Post date:** [August 30, 2005, 8:29pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/16 "2005-08-30T20:29:57Z")
> [@Bricker](#): > > Heh heh heh … I always thoguht the first rule of civl practice was to deny each and every allegation in the complaint. It is, and there’s also the even better ploy, “defendant lacks knowledge or information sufficient to form a belief as to the truth of an allegation,” which has the advantage of being nearly unfalsifiable (anything the lawyer collects in the investigation of a lawsuit is covered by the work-product doctrine and the attorney-client privilege), and still “has the effect of a denial.” The advantage of the no contest plea is that it is like an admission, avoiding embarrassing proof, but doesn’t stick like an admission. So it can’t be used against your client later. A lawyer-like tactic if I ever saw one. ---
**Author:** ![Shodan](https://avatars.discourse-cdn.com/v4/letter/s/9f8e36/32.png) [@Shodan](https://boards.straightdope.com/u/Shodan)\ **Post date:** [September 1, 2005, 12:29am UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/17 "2005-09-01T00:29:47Z")
So **Bricker** - will you now be listed as GSDSAB? Nice job, as usual. Kudoes to one of the most valuable of our fellow Dopers. Regards, Shodan ---
**Author:** ![samclem](https://avatars.discourse-cdn.com/v4/letter/s/a9a28c/32.png) [@samclem](https://boards.straightdope.com/u/samclem)\ **Post date:** [September 1, 2005, 1:13am UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/18 "2005-09-01T01:13:13Z")
Excellent job, **Bricker**. I always appreciated your professionalism in legal threads. Don’t be long in doing another one. Dex _is_ a \* nudzh\*. 😃 ---
**Author:** ![C\_K\_Dexter\_Haven](https://avatars.discourse-cdn.com/v4/letter/c/b2d939/32.png) [@C\_K\_Dexter\_Haven](https://boards.straightdope.com/u/C_K_Dexter_Haven)\ **Post date:** [September 1, 2005, 11:10am UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/19 "2005-09-01T11:10:34Z")
“Nudzh”? " **Nudzh"**??? Sheesh. ---
**Author:** ![ouryL](https://sea3.discourse-cdn.com/straightdope/user_avatar/boards.straightdope.com/ouryl/32/6067_2.png) [@ouryL](https://boards.straightdope.com/u/ouryL)\ **Post date:** [September 1, 2005, 11:30pm UTC](https://boards.straightdope.com/t/no-contest-bricker-rises-to-the-challenge/319240/20 "2005-09-01T23:30:22Z")
> [@Bricker](#): > > Now the only question of importance left unanswered… > > … who will play me in the movie? > > 🙂 > > Seriously, thanks for the kind words. It was great fun to serve as a guest contributer! [Steve Carell](http://www.imdb.com/name/nm0136797/)😛