[14] James W. Diehm, Pleading Guilty While Claiming Innocence: Reconsidering the Mysterious Alford plea, 26 U. Fla. J.L. He is also the host of "True Crime Daily: The Sidebar Podcast. 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. 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. The Alford Plea arises out of a US Supreme Court Case that originated in North Carolina in 1970. As a matter of practice, you do not see Alford pleas entered in court frequently. 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. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. [Last updated in June of 2022 by the Wex Definitions Team], The name, Alford plea, is taken from the case, An Alford plea, also known as a "best-interests plea," registers a formal admission of, 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. In continuance of this idea, defendants will also receive certainty. This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. 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. "This is a type of plea not recognised in Australia, whereby a defendant is able to acknowledge that the available evidence is sufficient to prove the case beyond reasonable doubt without admitting commission of the offences charged. Although the theory of the Alford plea may seem positive facially, in practice, this plea is often abused or creates negative results from its use. Though overwhelming evidence showed that Henry Alford likely shot someone to death, Alford maintained his innocence. The punishment is the same, so refusing to comply with probation will bring the same punishment regardless of why. Overall, the Alford plea as well as many other plea bargains began as something that was seen as a compromise for both parties, that served everyones interests equally. The Supreme Court took up the case to allow for these circumstances. 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. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. Poly 27, 30-31. 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. After being captured in Afghanistan and being held in Guantanamo Bay in 2001, the 35-year-old pleaded guilty to providing material support for terrorism. 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. (400 U.S. 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. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. WebBrian Banks Case Paper. The Federal District Court of Appeals then ruled that Alfords plea was made involuntarily, citing the defendants statement of, I just pleaded guilty because they said if I didnt, they would gas me for it.. In such a case, I could see myself advising a client that it is in his or her best interest to accept the plea, despite their objections to the truth of the allegations against them. Generally, if you plead guilty, you get a more lenient sentance than if you pled not guilty and went ahead with a long, costly trial. 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). In 2003, Peterson was convicted of first-degree murder and sentenced to life in prison. 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. Plead Guilty.. What Does an Innocence Man Have to Do to Go Free? Ellington said [i]t certainly was not a perfect resolution to the case for the state but it was much better than having three trials, trying to convince 36 jurors of the defendants guilt using old evidence, failed memories, changed minds, [and] dead witnesses. [10]. You can make a conditional plea only with the agreement of the prosecution and the judge, and you should try to get that agreement in writing. Juris Magazine disclaims any responsibility for content errors, omission, or infringing material and disclaims any responsibility associated with relying on information provided on this website. 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). State prosecutors insisted to both men that they still had enough evidence to keep them on the murder convictions, and if they went to trial they would remain locked up. In an Alford plea defendent maintains their innocence while admitting the evidence discovered would likely result in them being found guilty. 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. has its version, a 13-episode documentary series, and HBO Max has the scripted version starring Toni Collette and Colin Firth. 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? Chloe Bailey Announces First Headlining Tour, In Pieces, In April, Kavita Rajwade On The New Era Of Podcasts In India With IVM, Comedian Taylor Tomlinson On Success Of Her Have It All Tour And Whats Next, Ozzy Osbourne Might Not Be Done With Touring, How The Latest AI-Generated Copyright Loss Could Add Friction To Music And Technologys Complicated Relationship, Artist Andrew Hagar Drops Beats for Mental Wellness, Film Review: Jonathan Majors Energizes Creed III, Music Rights Can Improve Places: We Just Need To Invest In Them. It is a way of pleading guilty, without admitting guilt. ZIP 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. More often than not, a defendant who accepts a plea bargain will plead guilty to a charge. The possibility of receiving a lessened sentence is something all defendants inherently desire. 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 defendant has competent legal representation. ***. An example of data being processed may be a unique identifier stored in a cookie. 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. Other states allow Alford pleas in the context of no contest pleas but not guilty pleas. If the D.A. The Court ultimately ruled that the court could accept a guilty plea when the defendant was simultaneously claiming he was innocent. 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. Although this plea is more prevalent than jury trials, it is largely unknown to both lay I don't really understand the example you use unless I've misread or misunderstood. Visit our attorney directory to find a lawyer near you who can help. 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. 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. Gunna was sentenced to five years with one served in prison. To explore this concept, consider the following Alford plea definition. The U.S. Supreme Court reversed the lower court's decision and held that there were no constitutional barriers to accepting a guilty plea despite protests of innocence as long as: To learn how Alford pleas work in your jurisdiction, you may want to consult a criminal defense lawyer in your area. | Accessibility. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. A man named Henry Alford had been charged with first Some states do not allow Alford pleas and require a defendant to plead not We're punishing an innocent person!" [3] Known by the moniker The West Memphis Three, they maintain their innocence. The Director of Public Prosecutions has dropped a case against former Guantanamo Bay inmate David Hicks. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. Plead Guilty. ProPublica.com. Often, they occur on the eve of trial when the parties want to come to a resolution, but the defendant really wants to Create an account to follow your favorite communities and start taking part in conversations. 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. Alford pleas: when the defendant wants to plead guilty without actually admitting to what he did January 08, 2021 Sometimes a defendant wants to plead guilty but he can't (or won't) admit to the crime or to some element of the crime. 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. 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. By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. 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. Hes told many a story-slash-lie over the years but of this detail, he has never wavered. That said, a plea bargain is an agreement between the defendant and the prosecutor. Not only will they be aware of their deal ahead of time, the Alford Plea also provides security against the enormous risk of going to trial and potentially spending more time behind bars, on top of the sentences they have already served. instructed not to consent to Alford pleas, Seattle man enters Alford plea to 2011 crash that killed couple. Two of the defendants, Jason Baldwin 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. 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. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! They might be facing manslaughter-based criminal charges, but they would almost certainly also be sued by the patient's family, as well as facing strong formal disciplinary action from their relevant medical board. Excellent and informative answer. 1063, 1063 (1987). Importantly, it has to do with possibly civil trials. The right to appeal based on ineffective assistance of counsel also may be automatic, regardless of whether the plea was conditional. The defendant on the other hand knows that they were already convicted once and that this could happen again, and they are already in prison so they have nothing to lose and everything to gain by entering an Alford plea in exchange for their freedom. Copyright 2022, Thomson Reuters. [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 Don't be surprised if none of them want the spotl One goose, two geese. In still other states, a defendant may not need to make a conditional plea to preserve an issue. Things get out of hand, and neighbors call the police when they hear a gunshot. An appellate court ruled his guilty plea was coercive (because it was motivated by a fear of death). 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 Keeping these cases closed with no investigation means that the true culprit of these crimes is often left undiscovered and unpunished. Guilty Plea With No Admission of Guilt Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. 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. By utilizing this kind of plea, the respondent recognizes that there is sufficient proof to possibly convict and that the request will assist with limiting any criminal The man was shot in the chest, and required several hours of surgery, followed by a lengthy hospitalization to save his life. It's a hail Mary type of plea, usually, to avoid a case going to trial and likely being lost. Often, a defendant may strongly maintain their innocence for several reasons, such as civil liability or simply their righteous indignation. If you would like this removal reviewed, please read the detailed rules first. One of the most infamous cases in recent times involving an Alford plea was that of the West Memphis Three. "I feel like this acknowledges Guantanamo Bay and everything is illegal.". She is charged with robbery and assault. With an Alford plea, the defendant -- typically only with the court's permission -- accepts all the ramifications of a guilty verdict (i.e., punishment) without first attesting to having committed the crime. They want the admission of guilt. Since it is a guilty plea, it's likely to show up on background checks. The record before the judge contains strong evidence of actual guilt. 412.396.6300. 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. For the latest information, searchABC Emergency, For the latestweather warnings in the Northern Territory, search onABC Emergency, Follow the action from the third Test between India and Australia in Delhi in our live blog. 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. 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/. Ward, Bryan. 25.) 600 Forbes Avenue During this period, Peterson and his then-attorney David Rudolf had to decide how to proceed forward. CLN s companion publication, PLN, previously reported on their case in December 2012. Q. (Edit: innocent, not guiltykinda crucial). I plead the other way, circumstantial evidence; that the jury will prosecute me on-on the second. 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. Her tragic death has been analyzed by true crime junkies and told via two television series streaming now. 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. 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. & Pub. Contact us. This case remains a mystery with multiple theories as to what happened that night. 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. During the plea 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. Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. An Alford plea allows the defendant to maintain his innocence while acknowledging that the As it turns out, Johnny is a local drug distributor doling out drugs to local dealers for sales, and paying the wholesaler his cut. In May 1993, the town of West Memphis, Arkansas was shaken when the bodies of three slain eight-year-old boys were found in a small section of woods known as Robin Hood Hills. 1970 U.S. Supreme Court decision on the case of North Carolina v. Alford. In this plea, the defendant does not admit the act and asserts innocence, but admits that This is usually used in plea bargaining to receive a sentence for a lesser charge, while still maintaining the assertion of innocence. A conditional plea is a type of guilty plea or no contest plea. A defendant may be confident in their innocence but feel reluctant to take the risk of going to trial. after North Carolina vs. Alford, U.S. Supreme Court case (1970) that sanctioned such a plea. The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. | Privacy Hisbook is thought to have sold about 30,000 copies. Attorney David Rudolf with Michael Peterson in court. In particular, famous uses of the Alford plea involve cases where a defendant was already convicted for the crime and served time for it, but then was granted an appeal or a retrial after new evidence, or problems with the initial trial were uncovered (e.g. It allows the defendant to appeal a certain issue in the case to a higher court, which will determine whether the lower court made a mistake. (The name is based on a U.S. Supreme Court decision in which the Court ruled that this type of plea is constitutional.) 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. Johnny and his friends are partying at his house one night, drinking and using drugs. Alford plea means if you are facing a civil suit, the party suing you can't cite your guilty plea as proof you did whatever deed caused damages. Alford pleas only make sense in a select few cases that are in between these scenarios. Alford Plea. According to the Department of Justice, if a defendant chooses to enter an Alford plea, prosecutors must still provide all of the evidence to support the defendant being guilty. The distinction between the two is clear (now). We often see this happen when a defendant is presented with a very good plea offer from the prosecution, and they realize that the risk of losing at trial and facing dire consequences might be motivation enough to plead to a criminal charge that they maintain they have not committed. His supporters and lawyers have always argued he was tried by a "kangaroo court" at Guantanamo. 68 (2003)1-33. If the issue of whether or not the defendant will be charged with a third strike is not addressed directly by the plea bargain, there may be an ugly surprise at sentencing. Avoiding this process may, in the end, reduce the defendants culpability, conviction, and sentencing for those acts. https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). 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. about FindLaws newsletters, including our terms of use and privacy policy. 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, 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. Now when we plead guilty, they set us free! Jason Baldwin. The defendant thus may need to plead not guilty if they want to preserve the issue for appeal. The Alford Plea would allow you to cut a deal with criminal prosecutors without the admission of guilt that could be used in civil trial. In Alford v. North Carolina, the Supreme Court upheld this special type of plea agreement. The DPP had argued the profits of his memoir, titled Guantanamo: My Journey, were the proceeds of crime. 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. Opinions expressed by Forbes Contributors are their own. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges against the defendant. Not only do these pleas harm the justice system as a whole, it is also important to remember the damaging effects of this plea has on the victims and their families. Press question mark to learn the rest of the keyboard shortcuts. Terms of Service apply. Perhaps the most common alternative is a no contest (nolo contendere) plea. Don't Panic! Ratliff and Margaret (Ratliff) Blakemore. 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. What Does an Innocent Man Have to Do to Go Free? While entering his plea, Alford maintained that he was innocent, 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. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. Netflix They were released after each was sentenced to time served and received a 10-year suspended sentence. I believe, guilty pleas can be used in civil trials like injury or wrongful death suits. He'd rather take the chance. To save this word, you'll need to log in. When someone is wrongfully convicted, taking an Alford plea may seem like a way out of a tragic situation. I always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. 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. If you believe this was removed erroneously, please use this form and we will review your submission. Tweet. What is an Alford plea? Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. WebAn Alford plea is a type of plea agreement where a criminal defendant pleads guilty to an offense but at the same maintains his or her innocence. Such pleas may or may not be used against the defendant in future cases, depending on the jurisdiction. She was found dead at the bottom of a staircase in their Durham, North Carolina mansion. 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). We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Essentially, the defendant does not admit the act, but admits that the prosecution could likely prove the charge at trial. But I have never had a client take an Alford plea. In most cases, the prosecution has no incentive to accept an Alford plea as part of such a deal. Most of the time the prosecution won't agree to an Alford plea. But because he would have faced the death penalty if convicted, he pleaded guilty to second-degree murder -- all the while maintaining his innocence. 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. When she accepts a deal to enter an Alford plea of guilty to only the charge of robbery, the judge accepts. 2023. In Alfords case, there had been enough evidence to build a strong case for his conviction, which would expose him to the death penalty. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges This would expose her to a severe sentence. The Alford Plea: Do the Cons Outweigh the Pros. You must there are over 200,000 words in our free online dictionary, but you are looking for one thats only in the Merriam-Webster Unabridged Dictionary. Other states allow Alford pleas in the context of no contest pleas but not guilty pleas. 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. After the sentence came down, the rapper released a statement, saying: While I have agreed to always be truthful, I want to make it perfectly clear that I have NOT made any statements, have NOT been interviewed, have NOT cooperated, have NOT agreed to testify or be a witness for or against any party in the case and have absolutely NO intention of being involved in the trial process in any way., Atlanta rapper Gunna released after pleading guilty to RICO charge, Here are the people facing charges in the indictment that includes rapper Young Thug, Im gonna fight for him to the end: Young Thugs father says hes been wrongly accused. The rapper was facing one count of violation of Racketeer Influenced and Corruption Act. https://supreme.justia.com/cases/federal/us/400/25/(accessed December 13, 2018). 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. 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Things get out of a tragic situation how to proceed forward guilty pleas can be used against the suspect a... `` True crime Daily: the Sidebar Podcast importantly, it has to do to Free... Guilty if they are asserting that they are innocent by allowing a defendant to not! On a U.S. Supreme Court took up the case to allow for circumstances! Prosecution wo n't agree to an Alford plea would invite the police when they hear a gunshot crime and! Plea allows a criminal defendant to enter an Alford plea as part of such a....