An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. : 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. 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). An Alford plea is a conditional guilty plea, which allows the defendant to maintain his or her innocence outright, but nonetheless accept a conviction and sentence for a crime. Held: The trial judge did not commit constitutional error in accepting appellees guilty plea. 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. This would expose her to a severe sentence. The information here may be outdated and links may no longer function. The trial court verdict was then vacated. The criminal record shows a conviction just as if he had pled guilty. Evidence in the case included testimony from witnesses that Alford had said, after the victim's death, that he had killed the individual. Privacy Policy. 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. What happened in the Ricketts v Adamson 1987 case? 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. "[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. Sometimes people want to plead, no contest, which has most of the same effect except it cannot be used in a ci. 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. By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. Alford plea can be considered as evidence of recidivism (repeat offender) and can be used to aggravate a crime or increase sentence in a subsequent charge. Can Police Pull You Over Without a Reason? 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. There are only four grounds to raise: 1) Ineffective assistance of counsel, 2) illegal sentence, 3) jurisdiction, and 4) voluntariness of the plea. The Alford Plea originated from a 1963 trial in North Carolina. To reiterate, during plea bargaining, the defendant may plead guilty in exchange for less serious charges or a lighter sentence. The cookie is used to store the user consent for the cookies in the category "Performance". 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". 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. Guilty but Innocent: The Alford Plea Plea Agreements Generally. . [21] Drennan commented, "We have lots of laws, but human interaction creates unique circumstances and the law has to adapt. Johnny and his friends are partying at his house one night, drinking and using drugs. 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. 4 What happened in the Ricketts v Adamson 1987 case? 11. Rather, it allows the person making the plea to acknowledge that a jury would likely find them guilty if they entered a . In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. Once you enter a plea and it is accepted by the judge, the case is over. The defendant, who had competent counsel, knowingly entered his guilty plea in order to avoid this outcome. Analytical cookies are used to understand how visitors interact with the website. As we already mentioned, Michael Peterson is, without a doubt, the most famous example of an Alford plea in the 21st century so far. The Alford plea is available in all states in the country except Indiana, Michigan and New Jersey. In 1970, he agreed to plead guilty to second-degree murder but he did it for a reason. In an Alford plea, defendant has to admit that he has reviewed the state's evidence, a reasonable jury could find him guilty, and he wants to take advantage of a plea offer that has been made. The History of the Alford Plea The Alford plea is named after the U.S. Supreme Court case, North Carolina v. Alford, from 1970. The Supreme Court would go on to uphold Alford's . My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? Both courts denied the writ on the basis of the state courts findings that Alford voluntarily and knowingly agreed to plead guilty. Not only can an Alford plea count as a strike in future cases, but if the defendant already has two strikes when he accepts the plea bargain, the strike may affect sentencing on the current case. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. This distinction is relevant because unlike a nolo contendere plea, a formal. His plea was accepted and he was sentenced to 30 years in prison. 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. [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. "[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. This is something every defendant should keep in mind . Can You Be Charged With Child Abuse in Wisconsin If You Spank Your Child? The Seattle Times. The entry of an Alford plea by a defendant is no different than a conviction . 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. 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. Alford died in prison in 1975. 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). Think of a no contest plea as saying, "I'll accept the penalties, but I'm not guilty of the . The case was next appealed to the U.S. Supreme Court, which held that for the plea to be accepted, the defendant must have been advised that his best decision in the case would be to enter a guilty plea. 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. Out of fear for his life, Alford plead guilty in order to . 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. "I just pleaded guilty because they said if I didn't, they would gas me for it," wrote Alford in one of his appeals. There was a lot of strong evidence against Alford, and his criminal defense lawyer . Alford pleas are typically made by those who don't want to go trial for a number of reasons, according to NOLO. If you continue to use this site we will assume that you are happy with it. [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. 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. He later sued the State for the 21 years he spent wrongfully imprisoned and was awarded a settlement of 9 million dollars. In that case, the defendant was indicted for first-degree murder. We're punishing an innocent person!" So, Alford pleas are generally pretty . Meetings by appointment only | 1-414-383-6700 |, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to share on LinkedIn (Opens in new window), Click to email a link to a friend (Opens in new window), 4 Tips to Avoid Becoming the Victim of a Credit Card Scam. In an Alford Plea, the defendant does not admit guilt to a criminal act but accepts the consequences of the crime (via U.S. Legal ). allocution hearing / allocute. "[21], Common criticisms of Alford pleas include: harm to victims who are denied justice, harm to society from lack of respect for the criminal justice system, the incentive for coercion, violating the right against self-incrimination, hindering rehabilitation by avoiding treatment, and the arbitrary nature in which they are utilized, allowing a person to say one thing when they mean another. 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 plea of guilty where the defendant maintains his or her innocence. In cases where the criminal defendant has actually committed the crime; and has no credible defense, this is usually the best course of action. 14. Conclusion: The United States Supreme Court held that defendants breach of the plea agreement between the parties removed the double jeopardy bar to prosecution of defendant on the first-degree murder charges that he faced prior to the plea agreement. When you plead guilty, you are accepting responsibility, which some judges view as the first step towards rehabilitation. With a no contest plea, a defendant accepts punishment but doesn't admit guilt. 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. Tweet. 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 . 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 . 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. For this reason, an Alford plea does count as a strike, in states that have a three-strikes law, or other habitual offender law. [18], Alford was faced with the possibility of capital punishment if convicted by a jury trial. 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. 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. Purpose of plea of nolo contendere. Updated: Sep 9th, 2022. There are many ways we can defend you in court, so call us right away at 414-383-6700. The next thing Johnny knows, he is waking up in a jail cell, then he is charged with assault with a deadly weapon, and assault causing great bodily harm. [27], This form of guilty plea has been frequently used in local and state courts in the United States,[16] though it constitutes a small percentage of all plea bargains in the U.S.[14] This form of plea is not allowed in courts of the United States military. . 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). 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. It is easily forgotten that although the Alford Plea may have a negative legacy, the intentions in which it was created with were positive. 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. 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 other two counts were dismissed. Ward, Bryan. Alford left the house, and afterwards the victim received a fatal gunshot wound when he opened the door responding to a knock. In Baltimore Maryland in the year 1998, James L. Owens and James A. Thompson were both convicted of the rape and murder of 24-year old college student Colleen Williar (1). "[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". 263. ProPublica.com. 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 . 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. An Alford plea is a plea option named after the Supreme Court ruling in North Carolina v. Alford, 400 U.S. 25 (1970). Legal Information Institute. We also use third-party cookies that help us analyze and understand how you use this website. 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. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. This cookie is set by GDPR Cookie Consent plugin. What clothing brands were popular in the 50s? His lawyer recommended that he plead guilty to second-degree murder in order to avoid being sentenced to death, which was the likely sentence he would receive in North Carolina at that time. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". Court has discretion as to whether to accept this type of plea. What equipment is necessary for safe securement for people who use their wheelchair as a vehicle seat? An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. Sentence proper when Alford plea withdrawn. Importance and Purpose of Plea Agreement Advisements. and our . Alford later filed a habeas petition in federal court, arguing that his plea was "involuntary because its principal motivation was fear of the death penalty.". 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. | Disclaimer [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. Henry C. Alford The Alford guilty plea is named after the United States Supreme Court case of North Carolina v. Alford (1970). [30], Alford plea (see North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 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 . 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. As a capital offense, the defendant could have faced the death sentence if a jury found him guilty. 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. We use cookies to ensure that we give you the best experience on our website. What other two military branches fall under the US Navy? 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. 10. This cookie is set by GDPR Cookie Consent plugin. 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. When she accepts a deal to enter an Alford plea of guilty to only the charge of robbery, the judge accepts. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! 8 Why was Alford denied a writ of habeas corpus? ThoughtCo. 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. Special pleas used in criminal cases include: Mental incompetence. 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. 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. Cookie Notice By clicking Accept All, you consent to the use of ALL the cookies. Both kinds of plea result in convictions. [19] As evidence existed that could have supported Alford's conviction, the Supreme Court held that his guilty plea was allowable while the defendant himself still maintained that he was not guilty. In 1967, Alford again petitioned for a writ of habeas corpus in the District Court for the Middle District of North Carolina. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). 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. A defendant who enters an Alford plea pleads guilty but claims to be innocent. In the law of the United States, an Alford plea (also called a Kennedy plea in West Virginia)is a plea in criminal court. [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. The most common plea is a not guilty plea. [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. 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. Can stimulating the vagus nerve help with tinnitus? Can You Go to Jail for Playing Loud Music. In 1963, Henry Alford was indicted on a charge of first-degree murder in North Carolina. Although there were no witnesses to . 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. A defendant who enters an Alford plea pleads guilty but claims to be innocent. 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? The plea in bar. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. Challenging the jurisdiction of the court over the defendant's person. At this point it is rather common knowledge that most criminal cases end with a plea agreement rather than a trial. 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. Kennedy pleas and no contest pleas may sound like the same thing, but they actually have . 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. 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. 31-39. [8] The defendant pleads guilty, but does not have to specifically admit to the guilt itself. The defendant gets to "save face" by using an Alford plea, but it is legally the same as a guilty plea. Alford maintained his innocence, but in light of the evidence, agreed to plead guilty to second-degree murder in order to avoid the death penalty and secure a 30-year sentence. 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. 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. 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. 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. Copyright 2023 The University of Alabama 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. alford plea. An Alford plea is a guilty plea in criminal court. Alford Plea. An Alford plea is just like any other guilty plea, except that the defendant is not required to admit guilt in open court . Alford pleas are legally permissible in nearly all U.S. federal and state courts, except in the state courts of Indiana, Michigan, and New Jersey, or in the courts of the United States Armed Forces. Rose. How long is it safe to use nicotine lozenges? https://www.propublica.org/article/what-does-an-innocent-man-have-to-do-alford-plea-guilty(accessed December 11, 2018). 4. PolygraphsIntroduction at Trial up 265. "[10], The Alford guilty plea is "a plea of guilty containing a protestation of innocence". Plead Guilty. In the law of the United States, an Alford plea is a plea in criminal court. allocution hearing / allocute. 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". Importantly, the judge must be open to taking the Alford plea from the outset. In December, Gunna entered a negotiated Alford plea and was released from jail later in the day. The police investigation led them to believe that Johnny was the shooter, but Johnny knows he would not have shot anyone, even if they were arguing and fighting. It does not store any personal data. 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. It is a more concise way of saying "I d. "[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. Please contact webmaster@usdoj.gov if you have any questions about the archive site. 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. [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. [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. Certain choices made at the trial level will impact what challenges may be raised on appeal. This is archived content from the U.S. Department of Justice website. An Alford plea allows defendant to plead guilty even while unable or unwilling to admit guilt. What is an Alford plea in North Carolina? Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. Robbery is a serious offense that earns Lilly a strike. "[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. . One example is a situation where the defendant has no recollection of the pertinent events due to intoxication or amnesia. The Court ruled that the defendant can enter such a plea "when he concludes that his interests require a guilty plea and the record strongly indicates guilt".