6. Start your free trial today and get unlimited access to America's largest dictionary, with: Alford plea. Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/Alford%20plea. Plea Best Not Taken: Why Criminal Defendants Should Avoid Taking the Alford Plea. The Seattle Times. Thompson, a desperate man who had served nearly 20 years in prison, took the plea and walked out of prison that same day(4). There, it may be in a defendants best interests to take an Alford plea. During the party, a man Johnny did not know showed up with one of Johnnys friends. Tweet. However, to avoid the death penalty, he pleaded guilty and received a prison term. 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. 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. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges [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. Hed lost faith in the criminal justice system. 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. They may be able to make an Alford plea, depending on the state where they live. 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. Aggravating and Mitigating Factors in Criminal Sentencing, Withdrawing a Guilty Plea in a Criminal Case, Ineffective Assistance of Counsel in Plea Bargaining, No Contest Pleas, Conditional Pleas, and Alford Pleas in Criminal Cases, Receiving Immunity for Testimony in a Criminal Case, Expungement and Sealing of Criminal Records, The Mental State Requirement in Criminal Cases, Domestic Violence Restraining Orders Laws and Forms: 50-State Survey. 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. 68 (2003)1-33. Essentially, So they know he's connected but can't prove its him over the brother without reasonable doubt and so does the dedefendant. 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. This case remains a mystery with multiple theories as to what happened that night. All rights reserved. ***. An Alford plea allows a defendant to plead guilty while maintaining their innocence. Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. punishment). 1. 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). 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. E.g. When someone is wrongfully convicted, taking an Alford plea may seem like a way out of a tragic situation. He was in his seventies and financially drained and this deal allowed him to regain his freedom. ProPublica.com. had all the evidence you use in this example then why would they accept a plea deal allowing the defendant to use an Alford Plea? The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). Learn a new word every day. 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 Alford Plea arises out of a US Supreme Court Case that originated in North Carolina in 1970. In 2003, Peterson was convicted of first-degree murder and sentenced to life in prison. If you believe this was removed erroneously, please use this form and we will review your submission. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. Other states allow Alford pleas in the context of no contest pleas but not guilty pleas. 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. 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. Understand the rights he is giving up by entering a plea of guilty. Q [by Alfords attorney]. When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. 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. An Alford plea would allow the surgeon to maintain an official position of 'not guilty' to contest the civil and disciplinary charges. Rose. Continue with Recommended Cookies. When she accepts a deal to enter an Alford plea of guilty to only the charge of robbery, the judge accepts. The possibility of receiving a lessened sentence is something all defendants inherently desire. The right to appeal based on ineffective assistance of counsel also may be automatic, regardless of whether the plea was conditional. 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. Plead Guilty.. "This is a type of plea not An Alford plea is not a guilty plea, it's a statement of "I'm not guilty but I'm not going to fight it". Ratliff and Margaret (Ratliff) Blakemore. 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. We and our partners use cookies to Store and/or access information on a device. 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). I watch a lot of shows and write about those that are worth the binge. The defendant will be able to withdraw the guilty or no contest plea if the appeals court agrees that the trial judge was wrong. 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. Since it is a guilty plea, it's likely to show up on background checks. Now when we plead guilty, they set us free! Jason Baldwin. Essentially, the defendant does not admit the act, but admits that the prosecution could likely prove the charge at trial. The criminal record shows a conviction just as if he had pled guilty. WebAlford plea noun law : a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain After a lunch break, Garcia The U.S. Supreme Court decision in North Carolina v. Alford allows a defendant to plead guilty while maintaining their innocence. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! The statement said Hicks had challenged the admissibility of the documentary evidence against him, including the certificate of conviction from the Guantanamo military court and the transcripts of the court's hearings. To explore this concept, consider the following Alford plea definition. The Supreme Court ruled that since Alford was informed by his lawyers of the consequences of accepting the lesser charge, he could choose the lesser charge and face those punishments, even while claiming he was innocent. What Does an Innocent Man Have to Do to Go Free? Terms of Service apply. (The name is based on a U.S. Supreme Court decision in which the Court ruled that this type of plea is constitutional.) What Does an Innocence Man Have to Do to Go Free? In a statement, the DPP said the decision to drop the case had been made after new evidence came to light. 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. However, to ensure that innocent people are not being coerced into pleading guilty to crimes they did not commit, courts will often require a showing of a strong factual basis for the plea., Ritter explains how the Alford plea originated. I wish I could give you more than the upvote I just gave you. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. Others feel he is an innocent man caught in the web of an unjust legal system. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. It is a way of pleading guilty, without admitting guilt. https://supreme.justia.com/cases/federal/us/400/25/(accessed December 13, 2018). (400 U.S. 5. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). An Alford plea allows a defendant to plead guilty while maintaining their innocence. 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. You know what it looks like but what is it called? Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. Is there a difference in sentencing between the two? Hisbook is thought to have sold about 30,000 copies. Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in Poly 27, 30-31. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. 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. 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. 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