This distinction is relevant because unlike a nolo contendere plea, a formal. & Pub. In 1963, Henry Alford was charged with first-degree murder, which would have made him eligible for the death penalty in North Carolina. [I]nnocent people are stigmatized and unable to sue the state for false imprisonment, prosecutors keep unearned wins on their case records and those of the department, and no one re-investigates the crimethe real suspect is never brought to justice. [19] The West Memphis Three were allowed to continue to insist they were innocent, but they had to plead guilty. https://www.merriam-webster.com/dictionary/Alford%20plea, https://www.tjsl.edu/the-jeffersonian/news/2011/09/west-memphis-three-and-their-alford-plea, North Carolina v. Alford, 400 U.S. 25, 32, 91 S. Ct. 160, 164 (1970), https://www.theatlantic.com/politics/archive/2017/09/what-does-an-innocent-man-have-to-do-to-go-free-plead-guilty/539001/, https://www.thedailybeast.com/west-memphis-three-freed-using-rare-alford-legal-plea?ref=scroll, https://www.cbsnews.com/news/48-hours-mystery-unusual-plea-that-freed-west-memphis-3/. The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. Generally, if you plead guilty, you get a more lenient sentance than if you pled not guilty and went ahead with a long, costly trial. This distinction is relevant because unlike a nolo contendere plea, a formal admission of guilt under an Alford plea can be used against the defendant in future suits. Plead Guilty. 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. 25.) Ellington said [i]t certainly was not a perfect resolution to the case for the state but it was much better than having three trials, trying to convince 36 jurors of the defendants guilt using old evidence, failed memories, changed minds, [and] dead witnesses. [10]. after North Carolina vs. Alford, U.S. Supreme Court case (1970) that sanctioned such a plea. We're punishing an innocent person!" The Alford plea is sometimes used in plea bargaining, as it allows the accused person to enter a plea recognizing that the prosecutions evidence would likely result in a conviction, even while maintaining he did not commit the crime. I plead the other way, circumstantial evidence; that the jury will prosecute me on-on the second. The Alford plea came out of North Carolina v. Alford, where the Supreme Court of the United States held that judges do not violate due process by accepting guilty pleas from defendants who simultaneously assert their innocence. [11] In 1963, Henry Alford was indicted for first-degree murder, which at the time automatically called for the death penalty when the conviction followed a plea of innocence. The sentence was handed down after the pair entered Alford pleas -- often dubbed the "guilty yet innocent" plea. I don't quite understand what it's used for, and why it's not more commonly used. An Alford plea is beneficial because by accepting a plea deal a defendant can avoid a trial, which is no sure bet even if you are innocent. In most cases, the prosecution has no incentive to accept an Alford plea as part of such a deal. That suing party will have to prove it the long way by presenting evidence, etc. In Alfords case, there had been enough evidence to build a strong case for his conviction, which would expose him to the death penalty. An Alford plea is a kind of request for understanding where a criminal respondent concedes to an offense however at the equivalent keeps up with their blamelessness. The defendant has competent legal representation. Alford was offered a plea deal in which, if he pled guilty to second-degree murder, he would receive a maximum sentence of 30 years in prison. It also details his years inGuantanamo Bay in Cuba and his conviction for supporting terrorism. This plea, receiving its name sake from the 1969 Supreme Court case North Carolina v. Alford (2), is defined by the Legal Information Institute as Also known as a best interest plea, an Alford registers as a formal claim of neither guilt nor innocence of charges brought against a defendant in criminal court.an Alford plea arrests the full process of a criminal trial because the defendanttypically, only with the courts permissionaccepts all ramifications of a guilty verdict without first attesting to having committed the crime(3). I don't really understand the example you use unless I've misread or misunderstood. 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. For this reason, an Alford plea does count as a strike, in states that have a three-strikes law, or other habitual offender law. North Carolina laws stated that at the time, capital punishment was the default for this crime if the defendant plead not guilty and the jury did not suggest life imprisonment. The case eventually made its way to the U.S. Supreme Court, which took on the decision of whether the trial court had committed a constitutional error in accepting Alfords guilty plea, even while he maintained his innocence. One of the most infamous cases in recent times involving an Alford plea was that of the West Memphis Three. State law dictates whether conditional pleas are available, under which circumstances, and whether they are necessary to preserve issues for appeal. While other suspects were [12] Alford asserted his innocence, but because of the strong evidence against him, his attorney advised him to plead guilty to a reduced charge. If you would like this removal reviewed, please read the detailed rules first. Alford pleas may offer defendants security, and immediate relief from their charges, but prosecutors often times use Alford maintain their courtroom records or to cover up misconduct. The prosecutor agreed to a guilty plea for second If they are charged after a car accident or an assault, for example, the victim of the accident or assault might bring a claim for personal injury damages. In Alford v. North Carolina, the Supreme Court upheld this special type of plea agreement. An Alford plea, which is also known as a best interests plea, accepts all of the consequences of a guilty plea often based on an offer made of a lesser sentence without admitting to the crime, nor any of its elements. Hisbook is thought to have sold about 30,000 copies. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. The Juris Magazine J and the Juris Blog Banner were designed by Meghan Collins and are the intellectual property of Juris Blog and Juris Magazine. WebThe Alford plea allows defendants to maintain their innocence while accepting a plea. It is time to analyze whether or not the Alford plea is serving the purpose it was intended to serve, or if it is inhibiting the due process of law. if it was found that the defendant's lawyer failed to summon a key witness to support the defendant's innocence). What effect does an Alford plea have on you or your case? Rose, Megan. The term "Alford plea" is taken from North Carolina v. Alford, a first-degree murder case in North Carolina in 1963 that was appealed to the U.S. Supreme Court. Contact us. For 18 years, Damien, Jason, and Jesse sat behind bars, having appeal after appeal denied. To explore this concept, consider the following Alford plea definition. Dale will be sentenced in April. We're punishing an innocent person!" I always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. Those who take Alford pleas also have many challenges finding jobs and effectively re-entering society, with Thompson expressing on a job application he put a question mark where it asked if he had ever been convicted of a felony. Ward, Bryan. 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. Typically an innocent person will fight a murder charge, but in some extreme cases like that they may feel forced to enter an Alford plea. The one-year sentence was commuted to time served. 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. 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. 11. Hed lost faith in the criminal justice system. Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. She was found dead at the bottom of a staircase in their Durham, North Carolina mansion. Create an account to follow your favorite communities and start taking part in conversations. Welcome to the Capstone Commentary, an online platform where students interested in legal research can test their hand at writing about the law. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Generally, attorneys are instructed not to consent to Alford pleas except in the most unusual circumstances and only with the recommendation of assistant attorneys general. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). a grossly culpably negligent surgeon kills his patient on the operating table. He was sentenced to seven years' jail, all but nine months of which were suspended, and was transferred from Guantanamo to an Australian prison in 2007 to serve out his term, subject to a 12-month gag order. However, to avoid the death penalty, he pleaded guilty and received a prison term. During the party, a man Johnny did not know showed up with one of Johnnys friends. If the D.A. You know what it looks like but what is it called? When a defendant enters a guilty plea, whether a straight plea of guilty, or of nolo contendere, or an Alford plea, the judge reviews it, to be sure the defendant understands what is happening. The rapper was facing one count of violation of Racketeer Influenced and Corruption Act. TIL that something called an Alford Plea exists. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. Otherwise, a no contest plea functions similarly to a guilty plea. Delivered to your inbox! FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Some states do not allow Alford pleas and require a defendant to plead not After the sentence came down, the rapper released a statement, saying: While I have agreed to always be truthful, I want to make it perfectly clear that I have NOT made any statements, have NOT been interviewed, have NOT cooperated, have NOT agreed to testify or be a witness for or against any party in the case and have absolutely NO intention of being involved in the trial process in any way., Atlanta rapper Gunna released after pleading guilty to RICO charge, Here are the people facing charges in the indictment that includes rapper Young Thug, Im gonna fight for him to the end: Young Thugs father says hes been wrongly accused. Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. I watch a lot of shows and write about those that are worth the binge. They might be facing manslaughter-based criminal charges, but they would almost certainly also be sued by the patient's family, as well as facing strong formal disciplinary action from their relevant medical board. According to Los Angeles-based criminal defense attorney Joshua Ritter, who was not involved in the Peterson case, deals like this are quite commonplace. The possibility of receiving a lessened sentence is something all defendants inherently desire. Tweet. An Alford plea is essentially a no contest plea. All rights reserved. My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? It is generally only used in situations where the prosecution refuses to negotiate a plea bargain, and where there is strong evidence of guilt. 7. If you have a pending criminal charge, contact the attorneys of Olson Defense at (952) 835-1088. If Owens had done what the prosecution had preferred, and taken the Alford plea, justice would not have been served and prosecutorial misconduct would have largely been completely covered. Gunna was sentenced to five years with one served in prison. So the DA decides they don't wanna risk him getting off and since he will not plead guilty this Alford plea was invented. Press question mark to learn the rest of the keyboard shortcuts. Alford pleas are not your typical plea. The Alford Plea arises out of a US Supreme Court Case that originated in North Carolina in 1970. Why would an innocent person take a plea deal? Wilkins entered an Alford plea, which means he believed there was enough evidence to find him guilty. A charge of kidnapping was dismissed with the approval of the victim who indicated [13] At trial, Alford took the stand and swore he did not commit the murder: After giving his version of the events of the night of the murder, Alford stated: I pleaded guilty on second degree murder because they said there is too much evidence, but I aint shot no man, but I take the fault for the other man. What Does an Innocent Man Have to Do to Go Free? [4] Until November 4, 2010, when the Arkansas Supreme Court ordered the trial court to look at newly uncovered DNA evidence and potential juror misconduct, and then determine if this evidence justified a new trial or exoneration. [Last updated in June of 2022 by the Wex Definitions Team], The name, Alford plea, is taken from the case, An Alford plea, also known as a "best-interests plea," registers a formal admission of, The main difference between a nolo contendere plea and an Alford plea is that, in an Alford plea, the defendant formally pleads guilty while, in a nolo contendere plea, the defendant refuses to assert either guilt or innocence. We never had an argument in our life and I just pleaded guilty because they said if I didnt they would gas me for it, and that is all. Excellent and informative answer. The defendant thus may need to plead not guilty if they want to preserve the issue for appeal. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. As with all plea bargains, an Alford plea is not a right and it is ultimately up to the prosecutor and judge to decide if they will offer it. 5. New comments cannot be posted and votes cannot be cast. 2d 162 (1970). So, Alford pleas are generally pretty rare. Pleading 'guilty' to the criminal charge would effectively mean the civil suit and disciplinary hearing was automatically lost. Alford pleas: A Violation of Rights or a Psychological Slave?. An Alford plea is a prudent alternative for criminal defendants who find themselves faced with overwhelming evidence and a severe penalty if convicted, yet choose to maintain their By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. It's named after a famous U.S. Supreme Court case, but what exactly does it mean? The crime is still on his record and he remains a convicted felon. (The name is based on a U.S. Supreme Court decision in which the Court ruled that this type of plea is constitutional.) She is charged with robbery and assault. In California, they are called pleas Pursuant to People v. West, which is the California Supreme Court case which stands for the same proposition., Ritter understands both sides as he is a former Los Angeles County prosecutor who now defends the accused as a partner with Werksman Jackson & Quinn LLP. "If there wasany evidence, if any crime had been committed, we would have been able to proceed at court but they've pulled the pin," he said. Some states do not allow for conditional pleas or allow for them only in certain situations. When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. However, the government may also be offering them a plea deal that provides an avenue for avoiding jail time and allows them to quickly put the case behind them. This allows the accused to accept a plea bargain for a lesser sentence than he would receive if convicted at trial. To save this word, you'll need to log in. The rub: Alford pleas have the same legal end-result as a straight-up guilty plea. While Alford pleas may give a Defendant the peace of mind that they admitted to the judge that they are guilty of the crime or crimes charged, the plea is the functional equivalent of a guilty plea. This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. The criminal record shows a conviction just as if he had pled guilty. Rose states that an Alabama ACLU attorney who eventually lead the prosecution to exonerate their client after multiple Alford plea attempts only because we were continuing to expose prosecutorial misconduct (7) which the prosecution greatly feared. 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