The appellate court upheld the conviction, stating that Alford had entered the plea fully understanding what it meant. Alfords defense attorney appealed his conviction, claiming that his client had been forced into entering a guilty plea for a crime he did not commit, because he was afraid of receiving the death penalty. Special pleas used in criminal cases include: Mental incompetence. The trial court verdict was then vacated. "[37] Casper comments on the impact of the Supreme Court's decision to require evidence of guilt in such a plea: "By requiring that there be some evidence of guilt in such a situation, the decision attempts to protect the 'really' innocent from the temptations to which plea-bargaining and defense attorneys may subject them. An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. 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. [30] The Court held that a ruling that the plea was entered into voluntarily is implied by the act of sentencing. The Alford Plea's Most Famous Casesand What the Plea Really Means 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 . As we already mentioned, Michael Peterson is, without a doubt, the most famous example of an Alford plea in the 21st century so far. This would be known as an Alford plea, based on a 1963 murder case in North Carolina. With a no-contest (or nolo contendere) plea, a defendant accepts punishment but doesnt admit guilt. In 1967, Alford again petitioned for a writ of habeas corpus in the District Court for the Middle District of North Carolina. However, some distinctions between the three pleas do exist and they can be very significant for the defendant. We must trust the accused to make such an important decision for himself. What is the purpose of an Alford plea? Tweet. The man was shot in the chest, and required several hours of surgery, followed by a lengthy hospitalization to save his life. No. 3-01-0148, People v. Church Cookie Notice Alford plea: This plea may be used when the defendant wants the advantage of a plea bargain, but cannot or will not admit guilt. Necessary cookies are absolutely essential for the website to function properly. 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". The crime is still on his record and he remains a convicted felon. The plea is commonly used in local and state courts in the United States. 18 (2) A persistent felony offender in the second degree is a person who is more than 19 twenty-one (21) years of age and who stands convicted of a felony after having . 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". 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 . 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. This distinction is relevant because unlike a nolo contendere plea, a formal. | Accessibility. [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. [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. Overview and Explanation of an Alford Plea - ThoughtCo "[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. Because evidence existed that could have supported Alford's conviction, the Supreme Court ruled that his guilty plea was permitted while the defendant himself still maintained that he was not guilty. An Alford plea allows defendant to plead guilty even while unable or unwilling to admit guilt. This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. 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. 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? 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. Today, Peterson continues to state he had no involvement in the death of his wife, Kathleen Peterson . Some defendants use the Alford Plea if they know that the prosecution has strong evidence that will most likely get them convicted. At that time in North Carolina, an accused who pled guilty to a capital offense could only be sentenced to life in prison, whereas, if the accused took his case to a jury and lost, the jury could vote for the death penalty. defendant must provide factual basis for the plea. 7. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. Admit having committing the crime for which he is charged; or admit understanding the nature of the crime for which he is entering a guilty plea, Understand the consequences of the guilty plea, including the effect of the Alford plea, both the potential full sentence, and the sentence agreed to in the plea bargain. 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. 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. The Alford Plea originated from a 1963 trial in North Carolina. . What is an Alford Plea? - professorwarnken.com An Alford plea is a plea option named after the Supreme Court ruling in North Carolina v. Alford, 400 U.S. 25 (1970). Retrieved from https://www.thoughtco.com/what-is-an-alford-plea-971381. She is bilingual in Spanish. I just pleaded guilty because they said if I didnt, they would gas me for it, Alford later wrote in one of his appeals. alford plea. Well be happy to evaluate your case during a free consultation and well give you the legal guidance you need right now. The Kennedy plea explained | Scott C. Brown Law Office Ohio man enters Alford plea in Pope County felony sex charge [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. 4 What happened in the Ricketts v Adamson 1987 case? 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. The other two counts were dismissed. [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. What Is an Alford Plea? You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. What is the Alford Plea? (with pictures) - My Law Questions https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). The man got into a loud argument with some of the partygoers, which soon turned into a brawl, and a gun went off. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). For this reason, an Alford plea does count as a strike, in states that have a three-strikes law, or other habitual offender law. 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. Whenever a defendant in a Nevada criminal case enters a guilty plea, the judge asks them, "Are you pleading guilty because . The most common plea is a not guilty plea. In 1963, Henry Alford was indicted on a charge of first-degree murder in North Carolina. What is the purpose of an Alford plea? - Short-Question Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. v. Henry C. ALFORD. What Is An Alford Plea? The Term Plays An Important Part In - Romper 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. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. In the law of the United States, an Alford plea (also called a Kennedy plea in West Virginia)is a plea in criminal court. Advertisement cookies are used to provide visitors with relevant ads and marketing campaigns. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. It's also a form of self-preservation, as using the Alford Plea may lead to the . One reason for making such a plea may be to . https://www.thoughtco.com/what-is-an-alford-plea-971381 (accessed March 4, 2023). 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. Purpose of plea of nolo contendere. What Does an Innocence Man Have to Do to Go Free? Understanding No Contest Pleas and Alford Pleas | Lawyers.com 263. 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. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. This cookie is set by GDPR Cookie Consent plugin. Can Police Pull You Over Without a Reason? Although there were no witnesses to . English 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. Defendant entered into a negotiated "Alford" plea to Count II (class 2 felony) with a sentencing cap of 12 years. If you agree to plead guilty for a crime that you say you didnt commit, youre using an Alford plea. His plea was accepted and he was sentenced to 30 years in prison. And guilty defendants who are in denial should be empowered to use these pleas instead of being forced to stand trial. Plea bargaining: Alford plea - Law Essays - LawAspect.com 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. 17 purpose. 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. We use cookies to ensure that we give you the best experience on our website. 1. The Alford plea is named after the U.S. Supreme Court case, North Carolina v. Alford, from 1970. No. 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. What are the conflicts in A Christmas Carol? 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. A plea of not guilty forces the prosecution to prove that the accused committed the alleged charge (s) as filed beyond a reasonable doubt. alford plea. Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. Welcome to the Capstone Commentary, an online platform where students interested in legal research can test their hand at writing about the law. 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. Montaldo, Charles. The Alford Plea essentially says that they . Once you enter a plea and it is accepted by the judge, the case is over. [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. During the plea hearing, Alford told the judge that he didnt commit the murder, and that he was only entering a plea of guilty to avoid the death penalty. Kennedy plea - Wiktionary Did Michael Peterson plead guilty? What's an Alford plea? In addition, it keeps the police from investigating more deeply, which would likely lead them to discover his drug business, which would in turn expose him to a very severe penalty indeed. When was Alford indicted for first degree murder? Plead Guilty. Things get out of hand, and neighbors call the police when they hear a gunshot. 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. "[11] Bibas instead asserts that this form of plea is "unwise and should be abolished". What Is an Alford Plea? - FindLaw This is something every defendant should keep in mind . Avoiding this process may, in the end, reduce the defendants culpability, conviction, and sentencing for those acts. Nolo contendere is a latin phrase that essentially means "I do not wish to contend.". Maybe you do not understand, but an Alford Plea is the same as a guilty plea. Following this ruling, Alford petitioned for a writ of habeas corpus in the United States District Court for the Middle District of North Carolina, which upheld the initial ruling, and subsequently to the United States Court of Appeals for the Fourth Circuit, which ruled that Alford's plea was not voluntary, because it was made under fear of the death penalty. By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. 'The Staircase': A Defense Attorney Explains Why Michael - Forbes Can You Be Charged With Child Abuse in Wisconsin If You Spank Your Child? [18], Alford was faced with the possibility of capital punishment if convicted by a jury trial. Plead Guilty.. The military provides an accused facing court-martial with a qualified defense attorney. The defendant gets to "save face" by using an Alford plea, but it is legally the same as a guilty plea. It is easily forgotten that although the Alford Plea may have a negative legacy, the intentions in which it was created with were positive. What was the death penalty in North Carolina? Taking an Alford plea does not mean that the accused gets to go free; the accused . North Carolina v. Alford. Justia U.S. Supreme Court. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. Conditional Plea Bargain | LegalMatch A defendant making an Alford plea maintains his innocence of the offense charged. In fact, its a type of plea available in 47 of our 50 states (its not allowed in Indiana, Michigan or New Jersey). Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. What is an Alford plea? - Quora . 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. Alford died in prison in 1975. . Reddit and its partners use cookies and similar technologies to provide you with a better experience. Alford Pleas and Appeals: Maintaining Innocence During a Guilty Plea Does NOT Preserve Appellate Rights. 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. "What Is an Alford Plea?" [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. [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. 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. 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. Attacking the jurisdiction of the court over the crime charged. Purpose of Alford pleas. [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. Court has discretion as to whether to accept this type of plea. 4. The Alford Plea: Do the Cons Outweigh the Pros? 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. The ability to challenge issues on appeal is not unfettered. Alford later appealed his case to federal court, saying that he was coerced into pleading guilty out of fear of the death penalty. | Disclaimer 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. 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. In federal courts, such plea may be accepted as long as there is evidence that the defendant is actually guilty. You cannot later change your mind and you cannot sue for damages. In cases where the criminal defendant has actually committed the crime; and has no credible defense, this is usually the best course of action. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court . The information here may be outdated and links may no longer function. The default penalty for first-degree murder at that time in North Carolina was death, provided that the defendant entered a plea of not guilty and that the jury didnt recommend a life sentence instead. 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 []. 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. ELI5: What is the purpose of the Alford plea, and why is it - reddit A defendant who enters an Alford plea pleads guilty but claims to be innocent. 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. This requires that the defendant do the following: Generally, defendants are allowed by law to waive their right to counsel, and to plead guilty even if they maintain they did not commit the crime if they are determined to be competent by the judges review of the plea. [24] The defendant maintains a claim of innocence, but agrees to the entry of a conviction in the charged crime. An Alford plea is a guilty plea in criminal court. What Is The Alford Plea In A Criminal Case? - Grunge.com Plea - Definition, Examples, Cases, Processes - Legal Dictionary The court is within its rights to find the defendant guilty, and the trial can result in a conviction. An Alford plea is a guilty plea entered by a defendant who says he or she is innocent. The So Called "Alford Plea" An Alford plea is a conviction. If the above bullet points are followed, then the judge presiding over the hearing is likely going to accept the plea. 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 . ThoughtCo. Out of fear for his life, Alford plead guilty in order to . 11. [8] The defendant pleads guilty, but does not have to specifically admit to the guilt itself. Etymology []. ThoughtCo, Jul. ProPublica.com. Instead, the defendant pleads to avoid the potential consequences of going to trial, and . [13] Sources disagree, as may differing states' laws, as to what category of plea the Alford plea falls under: Some sources state that the Alford guilty plea is a form of nolo contendere, where the defendant in the case states "no contest" to the factual matter of the case as given in the charges outlined by the prosecution. 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. Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. Alford pleas are typically made by those who don't want to go trial for a number of reasons, according to NOLO. When she accepts a deal to enter an Alford plea of guilty to only the charge of robbery, the judge accepts. . It does not store any personal data. 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. Alford Pleas in Kentucky - Hurst Law, Lawyers in Danville, KY