what is the purpose of an alford plea

In 1963, Henry Alford was accused and charged with first-degree murder, which made him eligible for the death penalty in his state of North Carolina. It was named after Henry Alford, a southern black man with a long rap sheet who, in 1970, was tried for the 1963 murder of a man in North Carolina. The purpose of entering a no contest plea is often to avoid being sued civilly for essentially confessing to a crime, which is the basis of a guilty plea. An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in criminal court while the defendant simultaneously expresses their innocence toward those same charges. Certain choices made at the trial level will impact what challenges may be raised on appeal. The Alford Plea originated from a 1963 trial in North Carolina. This ruling that a trial court may accept a plea of guilty from a defendant who is simultaneously maintaining his innocence became binding precedent, and guides similar cases today. Stephanos Bibas writes in a 2003 analysis for Cornell Law Review that Judge Frank H. Easterbrook and a majority of scholars "praise these pleas as efficient, constitutional means of resolving cases". Things get out of hand, and neighbors call the police when they hear a gunshot. [31], In March 2009, the Minnesota House of Representatives characterized the Alford plea as: "a form of a guilty plea in which the defendant asserts innocence but acknowledges on the record that the prosecutor could present enough evidence to prove guilt. An Alford plea is a guilty plea in criminal court whereby a defendant does not admit to committing the criminal act in which they've been accused and can still assert their innocence with the . At that time in North Carolina, an accused who pled guilty to a capital offense could only be sentenced to life in prison, whereas, if the accused took his case to a jury and lost, the jury could vote for the death penalty. This could lead to a different . Plead Guilty. Court testimony showed that Alford and the victim had argued at the victim's house. These cookies will be stored in your browser only with your consent. allows defendant to plea guilty while claiming innocence. Legal Definition and Examples, Overview of the Sentencing Stage in Criminal Cases, The Murders of Terrance Rankins and Eric Glover, Overview of the Jury Trial Stage of a Criminal Case, The Sixth Amendment: Text, Origins, and Meaning, The Difference Between Procedural Law and Substantive Law, Padilla v. Kentucky: Supreme Court Case, Arguments, Impact. With a no contest plea, a defendant accepts punishment but doesn't admit guilt. The Alford guilty plea is named after the United States Supreme Court case of North Carolina v. Alford (1970). Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud. To explore this concept, consider the following Alford plea definition. Think of a no contest plea as saying, "I'll accept the penalties, but I'm not guilty of the . From what I understand it's basically when you go to court for something and say "i'm pleading guilty, but i'm not admitting guilt". An Alford plea allows the defendant to maintain his innocence while acknowledging that the State has enough evidence against him or her to likely achieve a conviction by a jury at trial. What is an Alford plea in North Carolina? As a capital offense, the defendant could have faced the death sentence if a jury found him guilty. Why was Alford denied a writ of habeas corpus? 8 Why was Alford denied a writ of habeas corpus? Importantly, the judge must be open to taking the Alford plea from the outset. punishment) without first attesting to having committed the crime. punishment). An Alford plea is a legal term which refers to a defendant's refusal to admit guilt while still acknowledging that the prosecution has enough evidence to convict them. 262. Here's how it works in court - in fact, it's named . In the law of the United States, an Alford plea (also called a Kennedy plea in West Virginia)is a plea in criminal court. "[15] The book Plea Bargaining's Triumph: A History of Plea Bargaining in America published by Stanford University Press defines the plea as one in "which the defendant adheres to his/her claim of innocence even while allowing that the government has enough evidence to prove his/her guilt beyond a reasonable doubt". Nolo contendere is a latin phrase that essentially means "I do not wish to contend.". The Court went on to note that even if the defendant could have shown that he would not have entered a guilty plea "but for" the rationale of receiving a lesser sentence, the plea itself would not have been ruled invalid. Answer (1 of 3): I imagine that you could find the meaning of an Alford Plea online with 10 seconds of effort, but here goes: The Alford Plea is a strange middle ground between the normal "guilty" amd "not guilty" pleas one can enter with a criminal court. [25] Upon receiving an Alford guilty plea from a defendant, the court may immediately pronounce the defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. She is bilingual in Spanish. What happened in the Ricketts v Adamson 1987 case? The first is named with the Old English female personal name Ealdg{dh} + ford ford. As a capital offense, the defendant could have faced the death sentence if a jury found him guilty. [8] The defendant pleads guilty, but does not have to specifically admit to the guilt itself. Some defendants use the Alford Plea if they know that the prosecution has strong evidence that will most likely get them convicted. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. Today, Peterson continues to state he had no involvement in the death of his wife, Kathleen Peterson . With an Alford plea, the defendant -- typically only with the court's permission -- accepts all the . How chemistry is important in our daily life? The Alford plea would allow both men to say they were innocent, be immediately removed from jail, but would legally they would still remain guilty and carry this crime on their records. Argued Nov. 17, 1969. Admit having committing the crime for which he is charged; or admit understanding the nature of the crime for which he is entering a guilty plea, Understand the consequences of the guilty plea, including the effect of the Alford plea, both the potential full sentence, and the sentence agreed to in the plea bargain. Attorneys are required to obtain the approval of an Assistant Attorney General with supervisory responsibility over the subject matter before accepting such a plea. "[28], In the 1995 case State of Idaho v. Howry before the Idaho Court of Appeals, the Court commented on the impact of the Alford guilty plea on later sentencing. Sixteen months later, in fall of 2008, the State prosecutor informed the judge that the State was declining to prosecute, and Owens walked out of jail completely exonerated. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. English and Scottish: habitational name from any of various places called Alford, for example in Somerset and Aberdeenshire. The trial court verdict was then vacated. In this plea, the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty. The main purpose of the factual basis requirement is to reconcile any conflict between guilty plea and accused's profession of innocence. What Does an Innocent Man Have to Do to Go Free? Importance and Purpose of Plea Agreement Advisements. In fact, its a type of plea available in 47 of our 50 states (its not allowed in Indiana, Michigan or New Jersey). 1. Alford plea: This plea may be used when the defendant wants the advantage of a plea bargain, but cannot or will not admit guilt. The plea gets its name from the 1970 case North Carolina v. Alford, in which the defendant, Henry Alford, pleaded guilty to second-degree murder in order to avoid capital punishment for the crime he was initially charged with - first degree murder. 5. Both courts denied the writ on the basis of the state courts findings that Alford voluntarily and knowingly agreed to plead guilty. Alford Plea. If you agree to plead guilty for a crime that you say you didnt commit, youre using an Alford plea. Why was Henry C Alfords guilty plea involuntary? Answer (1 of 4): An Alford plea is simply another way of a very guilty, defendant, bringing himself to plead, guilty, likely when he's embarrassed to admit it to his family and friends. [18], Alford was faced with the possibility of capital punishment if convicted by a jury trial. It is a more concise way of saying "I d. [18] "I just pleaded guilty because they said if I didn't, they would gas me for it," wrote Alford in one of his appeals. Defendant entered into a negotiated "Alford" plea to Count II (class 2 felony) with a sentencing cap of 12 years. What are the conflicts in A Christmas Carol? 7 When was Alford indicted for first degree murder? . Maybe you do not understand, but an Alford Plea is the same as a guilty plea. Kennedy plea (plural Kennedy pleas) (US, law) A plea in criminal court in which the defendant does not admit guilt, but concedes that the state has sufficient evidence to obtain a conviction. Alford pleas are typically made by those who don't want to go trial for a number of reasons, according to NOLO. Both kinds of plea result in convictions. When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. [18] "In fairness to an accused, if, after consultation with his defense counsel, he knowingly and intelligently determines that his best interest is served by an Alford-type guilty plea, he should be free to choose this path. - in open court, must admit to the crimes charged so . The Supreme Court further recognized that there is no material difference between a no-contest plea that refuses to admit "commission of the criminal act" and a plea "containing a protestation of . In the instance of Owens own civil trial, it was uncovered that Owens attorney had not been made aware of Thompsons many changing stories (Thompsons testimony against Owens was a large part of his conviction) as well as other witnesses faltering testimony. An Alford plea (often erroneously called an "Alpha plea") is based on the 1970 Supreme Court case of Alford v. North Carolina, in which the Supreme Court held that a valid guilty plea does not require admission of guilt. In that case, the defendant was indicted for first-degree murder. [19] The death penalty was the default sentence by North Carolina law at the time, if two requisites in the case were satisfied: the defendant had to have pleaded not guilty, and the jury did not instead recommend a life sentence. If you continue to use this site we will assume that you are happy with it. Out of fear for his life, Alford plead guilty in order to avoid the death penalty, later filing a writ of habeas corpus that eventually led his case to the Supreme Court. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. The Court ultimately ruled that the court could accept a guilty plea when the defendant was simultaneously claiming he was innocent. Tweet. 30, 2021, thoughtco.com/what-is-an-alford-plea-971381. The criminal record shows a conviction just as if he had pled guilty. The Supreme Court would go on to uphold Alford's . 263. He pleaded guilty to second degree murder so as to avoid the death penalty. The punishment is the same, so refusing to comply with probation will bring the same punishment regardless of why. Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. whether probable cause exists to show the crime was committed, and; . Not only do these pleas harm the justice system as a whole, it is also important to remember the damaging effects of this plea has on the victims and their families. Tedia Gamino is a lawyer in Milwaukee, WI. Missouri Law Review Vol. The court is within its rights to find the defendant guilty, and the trial can result in a conviction. . Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. This cookie is set by GDPR Cookie Consent plugin. At the time, Alford argued that his plea was "involuntary because its principal motivation was . This type of guilty plea is legitimate when the person accused of the crime intelligently concludes that an Alford plea will lead to the best possible outcome and when the evidence strongly suggests that the he or she is guilty. An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. Reddit and its partners use cookies and similar technologies to provide you with a better experience. An Alford plea is a way of pleading guilty while maintaining your innocence. Guilty but Innocent: The Alford Plea Plea Agreements Generally. Alford died in prison in 1975. [18], Alford appealed and requested a new trial, arguing he was forced into a guilty plea because he was afraid of receiving a death sentence. Once the guilty plea has been entered by a criminal defendant, they are automatically convicted of the crime and are sentenced, and the case is closed. Please contact webmaster@usdoj.gov if you have any questions about the archive site. A guilty plea cannot be directly appealed, but only by way of an application for leave to appeal. The name, Alford plea, is taken from the caseNorth Carolina v. Alford. Copyright 2023 The University of Alabama "[10], The Alford guilty plea is "a plea of guilty containing a protestation of innocence". North Carolina v. Alford. Justia U.S. Supreme Court. The crime is still on his record and he remains a convicted felon. ThoughtCo, Jul. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court he is guilty. It's an oft-used tool in criminal defense and an understanding of its pros and cons can help you make an informed decision if you ever find yourself charged with a crime. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". "[21] The Court allowed the guilty plea with a simultaneous protestation of innocence only because there was enough evidence to show that the prosecution had a strong case for a conviction and the defendant was entering such a plea to avoid this possible sentencing. A defendant who enters an Alford plea pleads guilty but claims to be innocent. Instead, the defendant pleads to avoid the potential consequences of going to trial, and . What Does an Innocence Man Have to Do to Go Free? However, some distinctions between the three pleas do exist and they can be very significant for the defendant. The defendant gets to "save face" by using an Alford plea, but it is legally the same as a guilty plea. Alfords defense attorney appealed his conviction, claiming that his client had been forced into entering a guilty plea for a crime he did not commit, because he was afraid of receiving the death penalty. With a no-contest plea, you neither deny nor assert your innocence. [18][20] Alford was sentenced to 30 years in prison after the trial judge accepted the plea bargain and ruled that the defendant had been adequately advised by his defense lawyer. The effect of an Alford plea includes the obvious benefit of a getting a break on a potentially severe sentence; it may also serve to protect the defendant from being charged with other related crimes. An Alford plea is a guilty plea in which a defendant maintains their innocence and does not admit to the criminal act they are accused of, but admits that the prosecution has sufficient evidence to persuade a judge or jury to find the defendant guilty, and thus agrees to be treated as guilty. [26] Defendants usually enter an Alford guilty plea if they want to avoid a possible worse sentence were they to lose the case against them at trial. Special pleas used in criminal cases include: Mental incompetence. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. . Alford plea: [noun] a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain see also alford doctrine , nolo contendere. Can You Go to Jail for Playing Loud Music. This would be known as an Alford plea, based on a 1963 murder case in North Carolina. This often takes the form of a brief discussion in court, in which the judge asks whether the defendant understands that he is accepting punishment as though he is guilty, even if he is making an Alford plea, or no contest. It is the prospect of an ultimate dismissal of charges which engenders most pleas of this type. Can You Be Charged With Child Abuse in Wisconsin If You Spank Your Child? An Alford plea is a guilty plea in criminal court. In fact, if the accused is silent and refuses to enter into a plea, the court will automatically enter not guilty plea on his behalf. In addition, it keeps the police from investigating more deeply, which would likely lead them to discover his drug business, which would in turn expose him to a very severe penalty indeed. For more information, please see our An Alford plea in Nevada is when a defendant in a criminal case does not admit guilt but concedes there is sufficient evidence to find him/her guilty at trial. . Robbery is a serious offense that earns Lilly a strike. https://www.propublica.org/article/baltimore-to-pay-largest-settlement-in-city-history-, 9-million-to-man-wrongfully-convicted-of-murder(accessed December 11, 2018), 3. [14] According to the book Gender, Crime, and Punishment published by Yale University Press, "Under the Alford doctrine, a defendant does not admit guilt but admits that the state has sufficient evidence to find him or her guilty, should the case go to trial. The cookie is used to store the user consent for the cookies in the category "Analytics". In other words, defendants who know a conviction is inevitable might use an Alford Plea to avoid the possibility of harsher penalties (like Henry Alford did in 1970). In United States law, an Alford plea, also called a Kennedy plea in West Virginia,[1] an Alford guilty plea,[2][3][4] and the Alford doctrine,[5][6][7] is a guilty plea in criminal court,[8][9][10] whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence,[11][12][13] but admits that the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt. No. https://www.thoughtco.com/what-is-an-alford-plea-971381 (accessed March 4, 2023). [29] The Court ruled, "Although an Alford plea allows a defendant to plead guilty amid assertions of innocence, it does not require a court to accept those assertions. An Alford Plea (also called a Kennedy plea in West Virginia) is considered a guilty plea in criminal court but the accused reasserts their innocence. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. Appellee was indicted for the capital crime of first-degree murder. Jury Nullification: Definition and Examples, Appellate Jurisdiction in the US Court System, Recent Legal History of the Death Penalty in America, An Overview of the 'Castle Doctrine' and 'Stand Your Ground' Laws, What Is Double Jeopardy? Rose. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. The Alford Plea originated from a 1963 trial in North Carolina. The system should not force him to lie under oath, nor to go to trial with no promise of the ultimate outcome concerning guilt or punishment. Both nolo contendere and Alford pleas have the same consequences as a guilty plea. 18 (2) A persistent felony offender in the second degree is a person who is more than 19 twenty-one (21) years of age and who stands convicted of a felony after having . If the issue of whether or not the defendant will be charged with a third strike is not addressed directly by the plea bargain, there may be an ugly surprise at sentencing. One example is a situation where the defendant has no recollection of the pertinent events due to intoxication or amnesia. Lilly is caught stealing clothing from a local shop, and fights with the security officer on or way out, before police take her into custody. [5][14][15][16][17] This can be caused by circumstantial evidence and testimony favoring the prosecution and difficulty finding evidence and witnesses that would aid the defense. This plea involves accepting the violations as charged along with all of the associated penalties without admitting guilt. This guilty plea can be used as evidence in future cases, and can be considered in sentencing for future convictions on other charges. By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. Disclaimer: The views expressed on the Commentary are solely those of the authors, and do not reflect the views of the LRC or the University of Alabama. The Alford Plea essentially says that they . defendant must provide factual basis for the plea. I just pleaded guilty because they said if I didnt, they would gas me for it, Alford later wrote in one of his appeals. More basically, they allow guilty defendants to avoid accepting responsibility for their wrongs. Sometimes criminal defendants use this type of plea because the evidence against them is too strong to make a difference in avoiding a conviction. Retrieved from https://www.thoughtco.com/what-is-an-alford-plea-971381. We use cookies to ensure that we give you the best experience on our website. I don't quite understand what it's used for, and why it's not more commonly used, New comments cannot be posted and votes cannot be cast, Scan this QR code to download the app now. [21] Drennan commented, "We have lots of laws, but human interaction creates unique circumstances and the law has to adapt. Although there were no witnesses to . Plead Guilty.. Like a nolo contendere plea, an Alford plea arrests the full process of criminal trial because the defendant typically, only with the court's permission accepts all the ramifications of a guilty verdict (i.e. Alford pleaded guilty to second-degree murder, stating to the court that he was innocent, but only pleading guilty so that he would not receive the death penalty. During the party, a man Johnny did not know showed up with one of Johnnys friends. 160 (1970)) (when a defendant maintains his or her innocence with respect to the charge to which he or she offers to plead guilty), In the 2006 case before the United States Court of Appeals for the Fifth Circuit, Ballard v. Burton, Judge Carl E. Stewart writing for the Court held that an Alford guilty plea is a "variation of an ordinary guilty plea". | Privacy As long as we have plea bargaining, he maintains, innocent defendants should be free to use these pleas to enter advantageous plea bargains without lying. Privacy Policy.

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