These procedures may be constitutional and efficient, but they undermine key values served by admissions of guilt in open court. Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. If you have a pending criminal charge, contact the attorneys of Olson Defense at (952) 835-1088. 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. PolygraphsIntroduction at Trial up 265. 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. When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? Like a nolo contendere plea, an Alford plea arrests the full process of criminal trial because the defendant typically, only with the courts permission accepts all the ramifications of a guilty verdict (i.e. An Alford plea is a way of pleading guilty while maintaining your innocence. Such things as the judges memory of having dealt with the defendant before, or even a consideration of how the community feels about the case, could affect the judges opinion. [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. punishment) without first attesting to having committed the crime. To reiterate, during plea bargaining, the defendant may plead guilty in exchange for less serious charges or a lighter sentence. 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. 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". His crimesalleged or otherwisehave been immortalized in film and television, including episodes of Forensic Files, Cold Case, The New Detectives, Trial & Error, Dateline NBC, and others. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. Alford Plea. However, you may visit "Cookie Settings" to provide a controlled consent. The Alford plea or Alford doctrine is a form of guilty plea in a United States criminal court in which the defendant acknowledges that the prosecution probably has enough evidence to secure a conviction, but he does not specifically admit committing the crime.Used in state and local courts within the United States, the defendant claims innocence but agrees to accept a conviction in the . The defendant gets to "save face" by using an Alford plea, but it is legally the same as a guilty plea. in open court, must admit to the crimes charged so he/she can enter an alford plea. The Seattle Times. If you continue to use this site we will assume that you are happy with it. On December 2, 1963, Alford was indicted for first-degree murder, a capital offense under North Carolina [400 U.S. 25, 27] law. - in open court, must admit to the crimes charged so . An Alford plea essentially acts as a guilty plea, but does not require the defendant to actually admit that they committed the crime. 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. The punishment is the same, so refusing to comply with probation will bring the same punishment regardless of why. This would be known as an Alford plea, based on a 1963 murder case in North Carolina. 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. His plea was accepted and he was sentenced to 30 years in prison. 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. 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 . What was the death penalty in North Carolina? 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". During the party, a man Johnny did not know showed up with one of Johnnys friends. A defendant making an Alford plea maintains his innocence of the offense charged. 263. English 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". 6. U.S. The Alford guilty plea is named after the United States Supreme Court case of North Carolina v. Alford (1970). Retrieved from https://www.thoughtco.com/what-is-an-alford-plea-971381. While entering his plea, Alford maintained that he was innocent, but pleading guilty due to the threat of the death penalty, according to the Legal Information Institute at Cornell University. The Supreme Court of North Carolina ruled that the defendant had voluntarily entered the guilty plea with knowledge of what that meant. 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. As with almost any other plea bargain, the hope of reduction in punishment is the prime motivation for defendants to waive a significant amount of their constitutional rights and enter a plea of guilty(6). Throughout time, the use of the Alford plea has begun to show that practically, this deal has benefited the prosecution greatly, to the detriment to the defendant as well as the justice system as a whole. An Alford plea is a plea of guilty where the defendant maintains his or her innocence. An Alford plea and a No Contest plea (Nolo) are both equivalents to a guilty plea. They undermine the procedural values of accuracy and public confidence in accuracy and fairness, by convicting innocent defendants and creating the perception that innocent defendants are being pressured into pleading guilty. 262. Defendant subsequently filed a motion to extend the 30-day period in which to file his post-plea motion under . A defendant who enters an Alford plea pleads guilty but claims to be innocent. The Supreme Court would go on to uphold Alford's . 5. It is used by defendants to . The Alford Plea essentially says that they . 30, 2021, thoughtco.com/what-is-an-alford-plea-971381. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. Plea bargaining according to Jay (324) "is a deal, an agreement between the defendant (through her attorney) and the prosecutor that the defendant will plea guilty in exchange for the prosecutions reducing the seriousness of the charges against the defendant. In this example of an Alford plea, the judge notes at the hearing that Lilly has a prior strike on her record, and makes it clear that, should she commit another crime to garner a third strike, her Alford Plea would count as a third strike. allocution hearing / allocute. What equipment is necessary for safe securement for people who use their wheelchair as a vehicle seat? Attorneys are required to obtain the approval of an Assistant Attorney General with supervisory responsibility over the subject matter before accepting such a plea. allocution hearing / allocute. 31-39. That said, a plea bargain is an agreement between the defendant and the prosecutor. We use cookies to ensure that we give you the best experience on our website. Avoiding this process may, in the end, reduce the defendants culpability, conviction, and sentencing for those acts. Defendants who take Alford pleas also may believe they are receiving a deal at the time, but it causes damaging effects once they are released from prison. 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. This is archived content from the U.S. Department of Justice website. whether probable cause exists to show the crime was committed, and; . If you agree to plead guilty for a crime that you say you didnt commit, youre using an Alford plea. This is something every defendant should keep in mind . Welcome to the Capstone Commentary, an online platform where students interested in legal research can test their hand at writing about the law. 1 The court appointed an attorney to represent him, and this attorney questioned all but one of the various witnesses who appellee said would substantiate his claim of innocence. A defendant making an Alford plea maintains his innocence of the offense charged. An Alford plea is "a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain.". 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. Alford pleas can be used to impeach the . Alford pleas do not allow defendants to sue for wrongful imprisonment and other types of misconduct which allows this type of misconduct to be perpetuated. The 4th Circuit Court ruled that the court should have rejected the plea which was involuntary because it was made under fear of the death penalty. These effects could include losing government benefits or the legal right to vote and render many defendants feeling as though they are psychological slave(s)(10) to the courts, with the prosecution convincing them to believe there is still enough evidence to convict them at any time. 4. This cookie is set by GDPR Cookie Consent plugin. [21] Drennan commented, "We have lots of laws, but human interaction creates unique circumstances and the law has to adapt. The trial court verdict was then vacated. An Alford plea allows a defendant to maintain their innocence, but acknowledge that pleading guilty is in their best interest, according to the U.S. Department of Justice. This guilty plea can be used as evidence in future cases, and can be considered in sentencing for future convictions on other charges. The appellate court upheld the conviction, stating that Alford had entered the plea fully understanding what it meant. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court . If a person is facing a serious charge, and does not want to admit their guilt, but wants to take advantage of a favorable offer by the Commonwealth, they can enter an Alford plea. When the prosecution offers a plea bargain in which Johnny would enter an Alford plea of guilty to aggravated assault, in exchange for a maximum sentence of five years in prison, Johnny accepts. The Alford plea is available in all states in the country except Indiana, Michigan and New Jersey. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). It is the prospect of an ultimate dismissal of charges which engenders most pleas of this type. In federal courts, such plea may be accepted as long as there is evidence that the defendant is actually guilty. An Alford plea is a plea option named after the Supreme Court ruling in North Carolina v. Alford, 400 U.S. 25 (1970). As it turns out, Johnny is a local drug distributor doling out drugs to local dealers for sales, and paying the wholesaler his cut. Attacking the jurisdiction of the court over the crime charged. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court he is guilty. In a majority decision written by Justice White, the court stated that a defendant may use this plea when advised by a competent attorney, and when He concludes his interests required a guilty plea and the record strongly indicates guilt. 1. The cookie is used to store the user consent for the cookies in the category "Analytics". 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). Upon receiving an Alford 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. Appearing in court, the rapper affirmed a series of statements presented by the prosecution, most . "[16] According to University of Richmond Law Review, "When offering an Alford plea, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense. It does not store any personal data. The Alford plea is named after the U.S. Supreme Court case, North Carolina v. Alford, from 1970. 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. Reddit and its partners use cookies and similar technologies to provide you with a better experience. This is referred to as a Brady violation(8), named after the 1963 Supreme Court case in which the court stated that the suppression of evidence favorable to the accused upon request violates the due process where evidence is material to either guilt or punishment(9). The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). 6. Henry C. Alford Copyright 2023 The University of Alabama Legal Information Institute. 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. . At that time North Carolina law provided for the penalty of life imprisonment when a plea of guilty was accepted to a first-degree murder charge; for the death penalty following a . 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. The main purpose of the factual basis requirement is to reconcile any conflict between guilty plea and accused's profession of innocence. Sometimes people want to plead, no contest, which has most of the same effect except it cannot be used in a ci. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. [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. Alford pleas are typically made by those who don't want to go trial for a number of reasons, according to NOLO. 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. An Alford plea is just like any other guilty plea, except that the defendant is not required to admit guilt in open court . In 1967, Alford again petitioned for a writ of habeas corpus in the District Court for the Middle District of North Carolina. Today Alford pleas are accepted in every U.S. state except Indiana, Michigan and New Jersey and the United States military. In sum, State Farm has not met the "controlling question of law" requirement because it identifies no authority finding that the fact of an Alford plea, without any consideration of the circumstances or admissions made during the plea, establishes intent; because whether Havemeier's Alford plea established his intent to cause injury is a mixed question of law and fact; and because the . She is bilingual in Spanish. "[11] Bibas instead asserts that this form of plea is "unwise and should be abolished". [8] The defendant pleads guilty, but does not have to specifically admit to the guilt itself. 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. Things get out of hand, and neighbors call the police when they hear a gunshot. 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. Ward, Bryan. | Data Access Request At this point it is rather common knowledge that most criminal cases end with a plea agreement rather than a trial. While it is important to make an intelligent determination about the possible choices available, the judge may decide that the plea is unintelligent, involuntary or inaccurate based on the factors of the case. Alford pleas: A Violation of Rights or a Psychological Slave?. https://www.thoughtco.com/what-is-an-alford-plea-971381 (accessed March 4, 2023). In the judges review of the plea, he must determine that the defendant is knowingly and intelligently accepting the guilty, or Alford, plea. Importance and Purpose of Plea Agreement Advisements. As a capital offense, the defendant could have faced the death sentence if a jury found him guilty. In North Carolina v.Alford, 400 U.S. 25 (1970), the United States Supreme Court concluded that it is constitutionally permissible for a defendant who does not admit guilt to enter a plea of guilty.Such a plea, now known as an Alford plea, is constitutional as long as the defendant "voluntarily, knowingly, and understandingly" enters the plea and there is a "strong factual basis" for .