An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. You also have the option to opt-out of these cookies. [11] Bibas notes that prominent plea bargain critic Albert Alschuler supports the use of this form of plea, writing, "He views them as a lesser evil, a way to empower defendants within a flawed system. The entry of an Alford plea by a defendant is no different than a conviction . If you continue to use this site we will assume that you are happy with it. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court he is guilty. Supreme Court Justice Byron White wrote the majority decision,[22] which held that for the plea to be accepted, the defendant must have been advised by a competent lawyer who was able to inform the individual that his best decision in the case would be to enter a guilty plea. Nonetheless, Alford pleaded guilty to second-degree murder and said he was doing so to avoid a death sentence, were he to be convicted of first-degree murder, after attempting to contest that charge. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. As a capital offense, the defendant could have faced the death sentence if a jury found him guilty. defendant must provide factual basis for the plea. [18] He emphasizes that when allowing these pleas, "trial counsel should establish as strong a factual basis as possible", in order to minimize the possible negative outcomes to "the public's perception of the administration of justice within the military".[18]. How long is it safe to use nicotine lozenges? Guilty but Innocent: The Alford Plea Plea Agreements Generally. 15 (8) A conviction, plea of guilty, or Alford plea under KRS 218A.1415 shall not trigger 16 the application of this section, regardless of the number or type of . Etymology []. Copyright 2012 - 2022 by Gamino Law Offices, LLC | All Rights Reserved |
[18], Alford was faced with the possibility of capital punishment if convicted by a jury trial. An Alford plea is a plea of guilty where the defendant maintains his or her innocence. State prosecutors insisted to both men that they still had enough evidence to keep them on the murder convictions, and if they went to trial they would remain locked up. - in open court, must admit to the crimes charged so . Tedia Gamino is a lawyer in Milwaukee, WI. In some . Decided Nov. 23, 1970. He pleaded guilty to second degree murder so as to avoid the death penalty. [20], The Dictionary of Politics: Selected American and Foreign Political and Legal Terms defines the term "Alford plea" as: "A plea under which a defendant may choose to plead guilty, not because of an admission to the crime, but because the prosecutor has sufficient evidence to place a charge and to obtain conviction in court. When any defendant enters a plea other than not guilty, the judge must review the case, and determine whether to accept the plea, and move on to sentencing. [11] Bibas argues, "These procedures may be constitutional and efficient, but they undermine key values served by admissions of guilt in open court. 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. Not only will they be aware of their deal ahead of time, the Alford Plea also provides security against the enormous risk of going to trial and potentially spending more time behind bars, on top of the sentences they have already served. In other words, an Alford plea is the same as pleading guilty while also claiming to be innocent. What happened in the Ricketts v Adamson 1987 case? [21], The case was then appealed to the U.S. Supreme Court. [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. This cookie is set by GDPR Cookie Consent plugin. She is bilingual in Spanish. Can Police Pull You Over Without a Reason? Rose, Megan. 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. Understanding the exact nature of each plea is an important requirement for any person charged with a crime who is considering a negotiated disposition. Evidence in the case included testimony from witnesses that Alford had said, after the victim's death, that he had killed the individual. In 1963, Henry Alford was indicted on a charge of first-degree murder in North Carolina. Once you enter a plea and it is accepted by the judge, the case is over. . This type of plea originates from a ruling handed down by the state's Appellate Court in 1987, which specified that one can avoid admitting guilt by accepting a prison sentence if he or she concludes that he or she would probably have been found guilty. 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. Updated: Sep 9th, 2022. What an Alford plea offers-and what a no contest plea does not-is the opportunity to state on the record that you maintain your innocence. [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. "[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. Rose. Owens on the other hand, took a legal risk and refused the deal, telling his attorney Steven Mercer that he wanted to clear his name and would wait however long it took. Some defendants use the Alford Plea if they know that the prosecution has strong evidence that will most likely get them convicted. Court testimony showed that Alford and the victim had argued at the victim's house. Once the not guilty plea is entered, the court will set deadlines for filing and answering motions, schedule any evidentiary hearings and, in some cases, select a date . [12] Others hold that an Alford plea is simply one form of a guilty plea,[9][10] and, as with other guilty pleas, the judge must see there is some factual basis for the plea. In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but admits that the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty . 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. Had he pleaded guilty to first-degree murder, Alford would have had the possibility of a life sentence and would have avoided the death penalty, but he did not want to admit guilt. The possibility of receiving a lessened sentence is something all defendants inherently desire. The cookie is used to store the user consent for the cookies in the category "Other. This distinction is relevant because unlike a nolo contendere plea, a formal. 6. Court has discretion as to whether to accept this type of plea. And guilty defendants who are in denial should be empowered to use these pleas instead of being forced to stand trial. 263. This applies equally to pleas and trials. The So Called "Alford Plea" An Alford plea is a conviction. 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. Defendant subsequently filed a motion to extend the 30-day period in which to file his post-plea motion under . 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 . [8] The defendant pleads guilty, but does not have to specifically admit to the guilt itself. Although the theory of the Alford plea may seem positive facially, in practice, this plea is often abused or creates negative results from its use. Alford pleas are typically made by those who don't want to go trial for a number of reasons, according to NOLO. In fact, its a type of plea available in 47 of our 50 states (its not allowed in Indiana, Michigan or New Jersey). Although there were no witnesses to . In continuance of this idea, defendants will also receive certainty. This plea allows a defendant to claim to be innocent without taking the risk of going to trial. The man got into a loud argument with some of the partygoers, which soon turned into a brawl, and a gun went off. This guilty plea can be used as evidence in future cases, and can be considered in sentencing for future convictions on other charges. About 17% of State inmates and 5% of Federal inmates submitted either an Alford plea or a no contest plea, regardless of the type of attorney. https://www.law.cornell.edu/wex/alford_plea(accessed December 11, 2018). "[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. While defendant initially entered an Alford plea to two counts in exchange for the state . Even if the prosecutor has offered the plea bargain, and the defendant agreed, the judge is under no obligation to approve or accept the plea. [21] Drennan commented, "We have lots of laws, but human interaction creates unique circumstances and the law has to adapt. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. Challenging the jurisdiction of the court over the defendant's person. Michael Peterson Maintains His Innocence. One of the things the court has to do is figure out how to answer new questions, and that is what happened in this case. We also use third-party cookies that help us analyze and understand how you use this website. 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. These cookies ensure basic functionalities and security features of the website, anonymously. 4. [24] The defendant maintains a claim of innocence, but agrees to the entry of a conviction in the charged crime. "I just pleaded guilty because they said if I didn't, they would gas me for it," wrote Alford in one of his appeals. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. As it turns out, Johnny is a local drug distributor doling out drugs to local dealers for sales, and paying the wholesaler his cut. Pp. 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. Sometimes criminal defendants use this type of plea because the evidence against them is too strong to make a difference in avoiding a conviction. [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. These cookies will be stored in your browser only with your consent. To reiterate, during plea bargaining, the defendant may plead guilty in exchange for less serious charges or a lighter sentence. Keeping these cases closed with no investigation means that the true culprit of these crimes is often left undiscovered and unpunished. Both an Alford plea and a no contest plea are the functional equivalents of a guilty plea. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder (5). alford plea. Retrieved from https://www.thoughtco.com/what-is-an-alford-plea-971381. : a legal doctrine under which a criminal defendant who does not admit guilt is allowed to plead guilty as part of a plea bargain provided the plea is made voluntarily and with knowledge of the consequences The Alford doctrine provides that a court may accept a knowing and voluntary plea of guilty from a defendant. [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 Supreme Court would go on to uphold Alford's . Henry C. Alford was on trial for first-degree murder and insisted that he was innocent, despite three witnesses who said they heard him say he was going to kill the victim, that he got a gun, left the house and returned saying he had killed him. This entails considering the seriousness of the crime, and whether the defendant has a prior history of criminal activity. 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. PolygraphsIntroduction at Trial up 265. The punishment is the same, so refusing to comply with probation will bring the same punishment regardless of why. "What Is an Alford Plea?" Copyright 2023 The University of Alabama The information here may be outdated and links may no longer function. | Disclaimer An improvident plea of guilty on the part of the accused when capital crimes are involved should be avoided since he might be admitting his guilt before the court and thus forfeit his life and liberty without having fully comprehended the meaning and import and consequences of his plea.