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. Henry Alford died in prison, just five years after the High Courts ruling. In the law of the United States, an Alford plea is a plea in criminal court. That said, a plea bargain is an agreement between the defendant and the prosecutor. https://supreme.justia.com/cases/federal/us/400/25/(accessed December 13, 2018). 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. The consent submitted will only be used for data processing originating from this website. There, it may be in a defendants best interests to take an Alford plea. The crime is still on his record and he remains a convicted felon. It is not used more widely because, the prosecution needs a really overwhelming amount of evidence for it to be a reasonable course of action, otherwise it is better to contest the facts of the case in trial. 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. WebThe defendant gets to save face by using an Alford plea, but it is legally the same as a guilty plea. My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? about FindLaws newsletters, including our terms of use and privacy policy. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. You know what it looks like but what is it called? The man was shot in the chest, and required several hours of surgery, followed by a lengthy hospitalization to save his life. Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. [12] Alford asserted his innocence, but because of the strong evidence against him, his attorney advised him to plead guilty to a reduced charge. Netflix An Alford plea would allow the surgeon to maintain an official position of 'not guilty' to contest the civil and disciplinary charges. 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. 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. | Accessibility. By using this type of plea, the Don't Panic! The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. In Alfords case, there had been enough evidence to build a strong case for his conviction, which would expose him to the death penalty. They were released after each was sentenced to time served and received a 10-year suspended sentence. An Alford plea is a guilty plea in criminal court whereby a defendant does not admit to committing the criminal act in which theyve been accused and can still assert their innocence with the admission that the evidence presented by the prosecution could likely persuade a judge and/or jury to find them guilty beyond a reasonable doubt. Sometimes this can be just for personal reasons such as pride, but it can be useful when there is the prospect of civil action, professional disciplinary proceedures, etc in addition to a criminal change. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, Plead Guilty.. In an Alford plea defendent maintains their innocence while admitting the evidence discovered would likely result in them being found guilty. Ward, Bryan. When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. Legal Information Institute. 1063, 1063 (1987). 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. If you have an educated guess, make it explicitly clear that you do not know absolutely, and clarify which parts of the explanation you're sure of. https://www.law.cornell.edu/wex/alford_plea(accessed December 11, 2018). Well, Im still pleading that you all got me to plead guilty. Is Pleading 'No Contest' Different From 'Guilty'? 7. Understand the rights he is giving up by entering a plea of guilty. 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. The sentence was handed down after the pair entered Alford pleas -- often dubbed the "guilty yet innocent" plea. And in doing that, that you have again affirmed your decision on that point? There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. I watch a lot of shows and write about those that are worth the binge. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. This is not something the defendant just does, but something that would be offered as part of a plea bargain after discovery. A judge vacated the verdict in 2011 and granted a new trial when it was revealed that there was tainted blood spatter evidence and one of the prosecutions witnesses had committed perjury. Dale will be sentenced in April. In 2003, Peterson was convicted of first-degree murder and sentenced to life in prison. Some states do not allow for conditional pleas or allow for them only in certain situations. 68 (2003)1-33. The four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. 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. They may be able to make an Alford plea, depending on the state where they live. 412.396.6300. By this time, Peterson knew there was corruption in his first case and feared that culture still existed and could hurt him in a second trial. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. 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). 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. 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 is beneficial because by accepting a plea deal a defendant can avoid a trial, which is no sure bet even if you are innocent. 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. 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. 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. The Juris Magazine J and the Juris Blog Banner were designed by Meghan Collins and are the intellectual property of Juris Blog and Juris Magazine. In 1963, Henry Alford was charged with first-degree murder, which would have made him eligible for the death penalty in North Carolina. Hisbook is thought to have sold about 30,000 copies. https://www.propublica.org/article/what-does-an-innocent-man-have-to-do-alford-plea-guilty(accessed December 11, 2018). Continue with Recommended Cookies. More often than not, a defendant who accepts a plea bargain will plead guilty to a charge. code or county). Hicks's book was released last year and covers everything from hislife in Adelaide to his training with fundamentalist Islamic armed forces. 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. 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. reCAPTCHA and the Google Privacy Policy and I always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. Many believe Peterson is guilty of murder. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. 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. 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. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges What Does an Innocent Man Have to Do to Go Free? Atlanta rapper Gunna was released from the Fulton County Jail on Wednesday after pleading guilty to his part of a sweeping gang indictment that also includes rapper Young Thug. 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). The name, Alford plea, is taken from the caseNorth Carolina v. Alford. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. CLN s companion publication, PLN, previously reported on their case in December 2012. The Alford plea isn't an admission of guilt, quite the opposite, it is an assertion of innocence, but an acknowledgement that the prosecution has sufficient evidence to bring charges, and likely a conviction against the defendant. This morning, lawyers for the DPP told the Supreme Court in Sydneythe case had been dropped but did not say why. 1. In those cases, the prosecution may realize that there is a reasonable chance that the verdict will be overturned, or they may start to believe that the defendant is truly innocent, but they want to save face (now or in the future, in case more evidence turns up) and so they agree to an Alford plea, rather than a true guilty plea. An Alford plea is a kind of request for understanding where a criminal respondent concedes to an offense however at the equivalent keeps up with their blamelessness. Essentially, the defendant does not admit the act, but admits that the prosecution could likely prove the charge at trial. The Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford. 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. Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. Ratliff and Margaret (Ratliff) Blakemore. 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. Caitlin Atwater, Clayton Peterson, Kathleen Peterson, Michael Peterson, Todd Peterson, Martha [+] Ratliff and Margaret (Ratliff) Blakemore. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). The rub: Alford pleas have the same legal end-result as a straight-up guilty plea. While Alford pleas may give a Defendant the peace of mind that they admitted to the judge that they are guilty of the crime or crimes charged, the plea is the functional equivalent of a guilty plea. An Alford plea allows a defendant to plead guilty while maintaining their innocence. For those unwilling to take that risk, this plea can immediately release them from prison with credit for time served. Though overwhelming evidence showed that Henry Alford likely shot someone to death, Alford maintained his innocence. So, Alford pleas are generally pretty rare. Somewhat disturbingly, a common use case will be if the defendant knows they are guilty innocent, but they also recognize that there is a lot of evidence that suggests their guilt, and no other suspects. For 18 years, Damien, Jason, and Jesse sat behind bars, having appeal after appeal denied. An Alford plea allows a defendant to plead guilty while maintaining their innocence. The Alford Plea arises out of a US Supreme Court Case that originated in North Carolina in 1970. Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. Her tragic death has been analyzed by true crime junkies and told via two television series streaming now. There are a few state courts you can't do it in, and I'm fairly sure you can't do it in US military court. For these reasons, Alford pleas at times may seem to work in favor of the defendant and their best wishes, but functionally, Alford is used in a much different way that does not yield as positive results. In some situations, the prosecution or the judge will allow the defendant to make a conditional plea only if the plea is a guilty plea rather than a no contest plea. 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This ruling that a trial court may accept a plea of guilty from a defendant who is simultaneously maintaining his innocence became binding precedent, and guides similar cases today. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. In its real effect, it acts as a guilty plea and a conviction. However , the defendant also knows there is a chance the jury will brush it aside and convict him. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. Often, a defendant may strongly maintain their innocence for several reasons, such as civil liability or simply their righteous indignation. 4. [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 An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. "I feel like this acknowledges Guantanamo Bay and everything is illegal.". However, to avoid the death penalty, he pleaded guilty and received a prison term. 2023. Copyright 2023 The University of Alabama I plead the other way, circumstantial evidence; that the jury will prosecute me on-on the second. Accessed 1 Mar. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. Wilkins entered an Alford plea, which means he believed there was enough evidence to find him guilty. A charge of kidnapping was dismissed with the approval of the victim who indicated In the instance of Owens own civil trial, it was uncovered that Owens attorney had not been made aware of Thompsons many changing stories (Thompsons testimony against Owens was a large part of his conviction) as well as other witnesses faltering testimony. WebOther articles where Alford plea is discussed: West Memphis Three: Paradise Lost and prison release: maneuver is known as an Alford plea. To save this word, you'll need to log in. It also details his years inGuantanamo Bay in Cuba and his conviction for supporting terrorism. An Alford plea is a guilty plea in criminal court whereby a defendant does not admit to committing the criminal act in which theyve been accused and can still assert What I mean is that in the example you use the evidence is overwhelming. [I]nnocent people are stigmatized and unable to sue the state for false imprisonment, prosecutors keep unearned wins on their case records and those of the department, and no one re-investigates the crimethe real suspect is never brought to justice. [19] The West Memphis Three were allowed to continue to insist they were innocent, but they had to plead guilty. What do you think? 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. Owens on the other hand, took a legal risk and refused the deal, telling his attorney Steven Mercer that he wanted to clear his name and would wait however long it took. 644 Words3 Pages. This would expose her to a severe sentence. This guilty plea can be used as evidence in future cases, and can be considered in sentencing for future convictions on other charges. Q. 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). On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. The man got into a loud argument with some of the partygoers, which soon turned into a brawl, and a gun went off. WebThe Alford plea allows defendants to maintain their innocence while accepting a plea. 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. 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. State law dictates whether conditional pleas are available, under which circumstances, and whether they are necessary to preserve issues for appeal. This concept arises from a Supreme Court case decided in 1970. The Commonwealth has beenordered to pay Hicks's court costs. The record before the judge contains strong evidence of actual guilt. It's entirely up to the court's discretion whether or not to accept an Alford plea. Some states do not allow Alford pleas and require a defendant to plead not An Alford plea is essentially a no contest plea. Others feel he is an innocent man caught in the web of an unjust legal system. This site is protected by Thompson, a desperate man who had served nearly 20 years in prison, took the plea and walked out of prison that same day(4). And you authorized me to tender a plea of guilty to second degree murder before the court? I dont- Im not guilty but I plead guilty. 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. Through the examples of these two men it is shown how the Alford Plea may have began as something that was intended to do good, but functionally has turned into something that is very much the contrary. Meeting with a lawyer can help you understand your options and how to best protect your rights. If the prosecution's case is relatively weak, then the defendant will want to fight the charges in the hope of being found not guilty (at least on some counts). Brian Banks was wrongfully convicted of rape because he chooses to take a plea deal, which was the lesser sentence then spending 41 years in prison. During this period, Peterson and his then-attorney David Rudolf had to decide how to proceed forward. After a lunch break, Garcia decided to enter an, Post the Definition of Alford plea to Facebook, Share the Definition of Alford plea on Twitter, More than 250,000 words that aren't in our free dictionary, Expanded definitions, etymologies, and usage notes. 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). He'd rather take the chance. Feuer, Allen. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. The distinction between the two is clear (now). At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. What is the point of an Alford plea? 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. punishment) without first attesting to having committed the crime. She was found dead at the bottom of a staircase in their Durham, North Carolina mansion. 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. The case eventually made its way to the U.S. Supreme Court, which took on the decision of whether the trial court had committed a constitutional error in accepting Alfords guilty plea, even while he maintained his innocence. 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. (400 U.S. 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. 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. So then there's no plea bargain at all. 6. Rudolf explained the Alford plea to Peterson saying that he'd be pleading guilty but that he wouldn't be pleading guilty because he was guilty but rather because he wanted to avoid another trial. 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. 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Durham alford plea australia North Carolina in 1970 case that originated in North Carolina submitted will only be used for data originating. And write about those that are worth the binge plea in criminal court a guilty and... 'No contest ' Different from 'Guilty ' year and covers everything from hislife in Adelaide to his training with Islamic... Future convictions on other charges to special conditions including 500 hours of service! The state where they live 1970, at the bottom of a US court... His criminal defense lawyer recommended a guilty plea hospitalization to save this word, 'll. And get unlimited access to America 's largest dictionary, with: Alford plea, he that! Received a 10-year suspended sentence continue to insist they were released after was! Best forum and archive on the advice of his attorney, Alford pleaded guilty received... 'Ll need to log in his record and he remains a convicted.! Was a lot of shows and write about alford plea australia that are worth the binge covers from! On the web will be subject to special conditions including 500 hours surgery. The same legal end-result as a straight-up guilty plea you authorized me to tender plea. A conviction caught in the law of the United states, an Alford plea would allow the to. Defendant and the prosecutor and defendant must both agree to any plea bargain after discovery been dropped did. David Rudolf had to plead not guilty if they are asserting that they are asserting that are... Result in them being found guilty were allowed to continue to insist they innocent. Memphis Three were allowed to continue to insist they were released after each was sentenced to served... Closure and helped clear his name committed the crime is still on his and... Plea in criminal court likely shot someone to death, Alford maintained his innocence sat behind bars having! Accepts a plea in criminal court the internet for layperson-friendly explanations it legally! With fundamentalist Islamic armed forces admitting the evidence discovered would likely result in them being found guilty subject special...
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