what is the purpose of an alford plea

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. 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. 31-39. Michael Peterson Maintains His Innocence. Other uncategorized cookies are those that are being analyzed and have not been classified into a category as yet. 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. 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. He said he was doing so to avoid a death sentence, and once the judge accepted the plea bargain, Alford was sentenced to 30 years in prison. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. Photo Credit: Netflix. In the 1970 Court ruling, Justice Byron White explained that a defendant is free to enter a plea of guilty in the face of innocence, if he decides that it is in his best interests to do so. He pleaded guilty to second degree murder so as to avoid the death penalty. What equipment is necessary for safe securement for people who use their wheelchair as a vehicle seat? The most common plea is a not guilty plea. This would expose her to a severe sentence. In 2006, new DNA evidence surfaced regarding this crime that showed that both semen and blood samples found on the crime scene were not matches to either Owens or Thompson. The man got into a loud argument with some of the partygoers, which soon turned into a brawl, and a gun went off. This certainty can provide comfort to the defendant and their family. 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. The court is within its rights to find the defendant guilty, and the trial can result in a conviction. It is used by defendants to . 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. The purpose of a preliminary hearing is to determine. To reiterate, during plea bargaining, the defendant may plead guilty in exchange for less serious charges or a lighter sentence. What happened in the Ricketts v Adamson 1987 case? Alford left the house, and afterwards the victim received a fatal gunshot wound when he opened the door responding to a knock. [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. 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. [21] Drennan commented, "We have lots of laws, but human interaction creates unique circumstances and the law has to adapt. v. Henry C. ALFORD. When she accepts a deal to enter an Alford plea of guilty to only the charge of robbery, the judge accepts. However, in many states, such as Massachusetts, a plea which "admits sufficient facts" more typically results in the case being continued without a finding and later dismissed. Like the similarnolo contendereplea, an Alford plea skips the full process of a criminal trial because the defendant agrees to accept all the ramifications of a guilty verdict (i.e. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). "[5] Webster's New World Law Dictionary defines Alford plea as: "A guilty plea entered as part of a plea bargain by a criminal defendant who denies committing the crime or who does not actually admit his guilt. The Court allowed the guilty plea along with a plea 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. You also have the option to opt-out of these cookies. The Court of Appeals, on an appeal from a denial of a writ of habeas corpus, found that appellees guilty plea was involuntary because it was motivated principally by fear of the death penalty. 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. If a defendant is innocent but still chooses the plea deal out of the interest of security, their attorney is no longer in an ethical dilemma of whether or not they should allow their innocent client to plead to something they did not commit, with Alford because it allows them to still maintain their innocence. 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. 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. [13] It affords defendants the ability to accept a plea bargain, while maintaining innocence. This applies equally to pleas and trials. The other two counts were dismissed. However, some distinctions between the three pleas do exist and they can be very significant for the defendant. 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. An Alford plea is a guilty plea entered by a defendant who says he or she is innocent. Although there were no witnesses to the shooting, the evidence strongly indicated that Alford was guilty. "[33] The Minnesota Judicial Branch similarly states: "Alford Plea: A plea of guilty that may be accepted by a court even where the defendant does not admit guilt. Rose. PolygraphsIntroduction at Trial up 265. Why was Henry C Alfords guilty plea involuntary? 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. Decided Nov. 23, 1970. An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. Where can I watch the entire Dragon Ball series for free. The defendant gets to "save face" by using an Alford plea, but it is legally the same as a guilty plea. So what is an Alford plea, and why does it matter? Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. Tweet. https://www.thoughtco.com/what-is-an-alford-plea-971381 (accessed March 4, 2023). In continuance of this idea, defendants will also receive certainty. If you agree to plead guilty for a crime that you say you didnt commit, youre using an Alford plea. The Alford plea is useful when there is enough evidence to sway the judge to the prosecution's argument, leading to a conviction even if the defendant is innocent. Most people havent heard of an Alford plea but its a type of plea many people accused of crimes in Wisconsin use. Following a sentencing hearing, defendant was sentenced to 10 years in prison. 1970 U.S. Supreme Court decision on the case of North Carolina v. Alford. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. Copyright 2012 - 2022 by Gamino Law Offices, LLC | All Rights Reserved | Although an outward expression of "not guilty" is not required, in some states, like Georgia, standing mute is equivalent to . It is not uncommon for certain elements of a crime, which are in and of themselves criminal acts, to come to light during the investigation and trial process. 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. The possibility of receiving a lessened sentence is something all defendants inherently desire. However, you may visit "Cookie Settings" to provide a controlled consent. 11. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. An Alford plea is a plea option named after the Supreme Court ruling in North Carolina v. Alford, 400 U.S. 25 (1970). Alford pleas can be used to impeach the . Rose, Megan. This is similar to a plea of no contest, or nolo contendere, in that it moves the case past the trial component, straight to sentencing. This is archived content from the U.S. Department of Justice website. 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. Star Athletica, L.L.C. A guilty plea cannot be directly appealed, but only by way of an application for leave to appeal. What is the purpose of an Alford plea? 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 jury verdict of guilty, unless the jury recommended life imprisonment; and for a penalty of from two to 30 years imprisonment for second-degree murder. [30], Alford plea (see North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. The man was shot in the chest, and required several hours of surgery, followed by a lengthy hospitalization to save his life. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. 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. A defendant who enters an Alford plea pleads guilty but claims to be innocent. [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. . . 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. What Does an Innocence Man Have to Do to Go Free? Sometimes criminal defendants use this type of plea because the evidence against them is too strong to make a difference in avoiding a conviction. 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. My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? Well be happy to evaluate your case during a free consultation and well give you the legal guidance you need right now. Alford Pleas and Appeals: Maintaining Innocence During a Guilty Plea Does NOT Preserve Appellate Rights. 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. Tedia Gamino is a lawyer in Milwaukee, WI. While defendant initially entered an Alford plea to two counts in exchange for the state . Rule 11 essentially provides a list of topics that the Court is required to address when advising a defendant who is entering a guilty plea. [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. alford plea. v. Varsity Brands, Inc. A plea of guilty that is made while the defendant maintains his innocence. From the case of Kennedy v.Frazier, 178 W.Va. 10, 357 S.E.2d 43 (1987), in which the procedure was upheld by the Supreme Court of Appeals of West Virginia.. Noun []. Alford pleas: A Violation of Rights or a Psychological Slave?. 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 easily forgotten that although the Alford Plea may have a negative legacy, the intentions in which it was created with were positive. 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. Appearing in court, the rapper affirmed a series of statements presented by the prosecution, most . The cookies is used to store the user consent for the cookies in the category "Necessary". in open court, must admit to the crimes charged so he/she can enter an alford plea. Alford Plea. 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. [35][36], In his book American Criminal Justice (1972), Jonathan D. Casper comments on the Supreme Court decision, noting, "The Alford decision recognizes the plea-bargaining system, acknowledging that a man may maintain his innocence but still plead guilty in order to minimize his potential loss. 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 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. 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.". Maybe you do not understand, but an Alford Plea is the same as a guilty plea. The name, Alford plea, is taken from the case North Carolina v. Alford.. 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.Like the similar nolo contendere plea, an Alford plea skips the full process of a criminal trial because the . The History of the Alford Plea The Alford plea is named after the U.S. Supreme Court case, North Carolina v. Alford, from 1970. An Alford plea is a way of pleading guilty while maintaining your innocence. The United States Supreme Court found this type of plea to be constitutionally acceptable in North Carolina v.Alford, 400 U.S. 25 (1970).In entering an Alford plea, the defendant admits the evidence presented by the . Is there a difference in sentencing between the two? defendant must provide factual basis for the 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. A plea of not guilty is a denial of all charge (s) filed against the accused. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. During the party, a man Johnny did not know showed up with one of Johnnys friends. 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. The main purpose of the factual basis requirement is to reconcile any conflict between guilty plea and accused's profession of innocence. 10. [10][12] Henry Alford had been indicted on a charge of first-degree murder in 1963. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. In the law of the United States, an Alford plea is a plea in criminal court. punishment) without first attesting to having committed the crime. This entails considering the seriousness of the crime, and whether the defendant has a prior history of criminal activity. An Alford plea is an alternative plea that does not involve admitting guilt. 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". Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. Both nolo contendere and Alford pleas have the same consequences as a guilty plea. Etymology []. And guilty defendants who are in denial should be empowered to use these pleas instead of being forced to stand trial. Guilty but Innocent: The Alford Plea Plea Agreements Generally. Keeping these cases closed with no investigation means that the true culprit of these crimes is often left undiscovered and unpunished. By clicking Accept All, you consent to the use of ALL the cookies. He was heavily under the influence of both alcohol and pain pills by the time the police arrived, and he simply cant recall the events at the party. The defendant pled guilty to second-degre murder to avoid the death penalty, but still vocalized his . "[11], Legal scholar Jim Drennan, an expert on the court system at the Institute of Government at the University of North Carolina at Chapel Hill, told the Winston-Salem Journal in a 2007 interview that the ability to use this form of guilty plea as an option in courts had a far-reaching effect throughout the United States. The sentencing court may, of necessity, consider a broad range of information, including the evidence of the crime, the defendant's criminal history and the demeanor of the defendant, including the presence or absence of remorse. 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. Things get out of hand, and neighbors call the police when they hear a gunshot. 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 military provides an accused facing court-martial with a qualified defense attorney. "[29] In the 1999 South Carolina Supreme Court case State v. Gaines, the Court held that Alford guilty pleas were to be held valid even in the absence of a specific on-the-record ruling that the pleas were voluntary provided that the sentencing judge acted appropriately in accordance with the rules for acceptance of a plea made voluntarily by the defendant.