Alford Plea. The Alford Plea: Do the Cons Outweigh the Pros. [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. Legal Definition and Examples, Overview of the Sentencing Stage in Criminal Cases, The Murders of Terrance Rankins and Eric Glover, Overview of the Jury Trial Stage of a Criminal Case, The Sixth Amendment: Text, Origins, and Meaning, The Difference Between Procedural Law and Substantive Law, Padilla v. Kentucky: Supreme Court Case, Arguments, Impact. She is charged with robbery and assault. When you plead guilty, you are accepting responsibility, which some judges view as the first step towards rehabilitation. Alford maintained his innocence, but in light of the evidence, agreed to plead guilty to second-degree murder in order to avoid the death penalty and secure a 30-year sentence. Michael Peterson Maintains His Innocence. 30, 2021, thoughtco.com/what-is-an-alford-plea-971381. The appellate court upheld the conviction, stating that Alford had entered the plea fully understanding what it meant. punishment). Heres how it works in court in fact, its named after the man described below. In the law of the United States, an Alford plea (also called a Kennedy plea in West Virginia)is a plea in criminal court. punishment) without first attesting to having committed the crime. The Court went on to note that even if the defendant could have shown that he would not have entered a guilty plea "but for" the rationale of receiving a lesser sentence, the plea itself would not have been ruled invalid. [8] The defendant pleads guilty, but does not have to specifically admit to the guilt itself. U.S. In 1970, he agreed to plead guilty to second-degree murder but he did it for a reason. At the time, Alford argued that his plea was "involuntary because its principal motivation was . The Alford guilty plea is named after the United States Supreme Court case of North Carolina v. Alford (1970). These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. A plea of not guilty forces the prosecution to prove that the accused committed the alleged charge (s) as filed beyond a reasonable doubt. The cookies is used to store the user consent for the cookies in the category "Necessary". The most common plea is a not guilty plea. . The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). North Carolina v. Alford. Justia U.S. Supreme Court. Some defendants use the Alford Plea if they know that the prosecution has strong evidence that will most likely get them convicted. An Alford plea is a plea of guilty where the defendant maintains his or her innocence. As long as we have plea bargaining, he maintains, innocent defendants should be free to use these pleas to enter advantageous plea bargains without lying. 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. An Alford plea is a conditional guilty plea, which allows the defendant to maintain his or her innocence outright, but nonetheless accept a conviction and sentence for a crime. A defendant making an Alford plea maintains his innocence of the offense charged. Performance cookies are used to understand and analyze the key performance indexes of the website which helps in delivering a better user experience for the visitors. punishment) without first attesting to having committed the crime. It is the prospect of an ultimate dismissal of charges which engenders most pleas of this type. The plea gets its name from the 1970 case North Carolina v. Alford, in which the defendant, Henry Alford, pleaded guilty to second-degree murder in order to avoid capital punishment for the crime he was initially charged with - first degree murder. allocution hearing / allocute. Rose, Megan. 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. [24] The defendant maintains a claim of innocence, but agrees to the entry of a conviction in the charged crime. So what is an Alford plea, and why does it matter? [30], Alford plea (see North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 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. An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. Evidence in the case included testimony from witnesses that Alford had said, after the victim's death, that he had killed the individual. It's an oft-used tool in criminal defense and an understanding of its pros and cons can help you make an informed decision if you ever find yourself charged with a crime. Rather, it allows the person making the plea to acknowledge that a jury would likely find them guilty if they entered a . Robbery is a serious offense that earns Lilly a strike. The court is within its rights to find the defendant guilty, and the trial can result in a conviction. 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. 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. Henry Alford indicted for first degree murder in 1963; maintained his innocence but pleaded guilty to second degree murder due to the significance of the evidence. 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. Challenging the jurisdiction of the court over the defendant's person. Answer (1 of 3): I imagine that you could find the meaning of an Alford Plea online with 10 seconds of effort, but here goes: The Alford Plea is a strange middle ground between the normal "guilty" amd "not guilty" pleas one can enter with a criminal court. 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. Alford pleas, however, are exceptionally rare, composing only 6 percent of all the guilty pleas in state and federal courts, according to a study published in 2009. 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. As we already mentioned, Michael Peterson is, without a doubt, the most famous example of an Alford plea in the 21st century so far. "[29] In the 1999 South Carolina Supreme Court case State v. Gaines, the Court held that Alford guilty pleas were to be held valid even in the absence of a specific on-the-record ruling that the pleas were voluntary provided that the sentencing judge acted appropriately in accordance with the rules for acceptance of a plea made voluntarily by the defendant. When you enter an Alford plea, you're admitting that the evidence the prosecution has is likely to convince a judge or jury that you're guilty, but you're still saying that you didn't commit the crime. Stephanos Bibas writes in a 2003 analysis for Cornell Law Review that Judge Frank H. Easterbrook and a majority of scholars "praise these pleas as efficient, constitutional means of resolving cases". 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. Plead Guilty. Attacking the jurisdiction of the court over the crime charged. 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. ProPublica.com. 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. What was the death penalty in North Carolina? Together, they are in the best position to properly weigh what the impact his decision, and the resulting conviction, will have upon himself and his family," writes Walburn. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. [18], Alford was faced with the possibility of capital punishment if convicted by a jury trial. Lilly is caught stealing clothing from a local shop, and fights with the security officer on or way out, before police take her into custody. These procedures may be constitutional and efficient, but they undermine key values served by admissions of guilt in open court. There are only four grounds to raise: 1) Ineffective assistance of counsel, 2) illegal sentence, 3) jurisdiction, and 4) voluntariness of the plea. [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. Maybe you do not understand, but an Alford Plea is the same as a guilty plea. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The ability to challenge issues on appeal is not unfettered. An Alford plea is a guilty plea entered by a defendant who says he or she is innocent. [30] The Court held that a ruling that the plea was entered into voluntarily is implied by the act of sentencing. Rose. When you enter an Alford plea, youre admitting that the evidence the prosecution has is likely to convince a judge or jury that youre guilty, but youre still saying that you didnt commit the crime. [18] He emphasizes that when allowing these pleas, "trial counsel should establish as strong a factual basis as possible", in order to minimize the possible negative outcomes to "the public's perception of the administration of justice within the military".[18]. The Alford Plea originated from a 1963 trial in North Carolina. allocution hearing / allocute. This distinction is relevant because unlike a nolo contendere plea, a formal. Alford 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. Alford later appealed his case to federal court, saying that he was coerced into pleading guilty out of fear of the death penalty. This type of guilty plea is legitimate when the person accused of the crime intelligently concludes that an Alford plea will lead to the best possible outcome and when the evidence strongly suggests that the he or she is guilty. 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. 4. In federal courts, such plea may be accepted as long as there is evidence that the defendant is actually guilty. If a person is facing a serious charge, and does not want to admit their guilt, but wants to take advantage of a favorable offer by the Commonwealth, they can enter an Alford plea. Attorneys are required to obtain the approval of an Assistant Attorney General with supervisory responsibility over the subject matter before accepting such a plea. However, some distinctions between the three pleas do exist and they can be very significant for the defendant. Legal Information Institute. There are many ways we can defend you in court, so call us right away at 414-383-6700. 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. [10][12] Henry Alford had been indicted on a charge of first-degree murder in 1963. 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. 1970 U.S. Supreme Court decision on the case of North Carolina v. Alford. This entails considering the seriousness of the crime, and whether the defendant has a prior history of criminal activity. Purpose of plea of nolo contendere. 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. Rose, Megan. [18], Alford appealed and requested a new trial, arguing he was forced into a guilty plea because he was afraid of receiving a death sentence. By accepting all cookies, you agree to our use of cookies to deliver and maintain our services and site, improve the quality of Reddit, personalize Reddit content and advertising, and measure the effectiveness of advertising. What Does an Innocent Man Have to Do to Go Free? Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud. Please contact webmaster@usdoj.gov if you have any questions about the archive site. If youve been accused of a crime, even if you havent been formally charged, we may be able to help you. Ward, Bryan. 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. "I just pleaded guilty because they said if I didn't, they would gas me for it," wrote Alford in one of his appeals. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. 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. Out of fear for his life, Alford plead guilty in order to . 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. Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. These cookies track visitors across websites and collect information to provide customized ads. 17 purpose. 8 Why was Alford denied a writ of habeas corpus? The Alford Plea originated from a 1963 trial in North Carolina. and our During the party, a man Johnny did not know showed up with one of Johnnys friends. In the event the accused individual, called the "defendant," enters a plea of guilty, the case moves to the sentencing phase, as . When you visit the site, Dotdash Meredith and its partners may store or retrieve information on your browser, mostly in the form of cookies. defendant must provide factual basis for the plea. 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 . [29] The Court ruled, "Although an Alford plea allows a defendant to plead guilty amid assertions of innocence, it does not require a court to accept those assertions. The Supreme Court of North Carolina ruled that the defendant had voluntarily entered the guilty plea with knowledge of what that meant. [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. 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. Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. In some . ThoughtCo, Jul. " The key purpose of plea barging is to lessen the time and cost of the trial in . Can You Go to Jail for Playing Loud Music. They note that Prosecuting Attorney Keith L. Chrestman agreed to waive venue for the purpose of the circuit court hearing before Judge . [15][18] In 2000, the United States Department of Justice noted, "In an Alford plea the defendant agrees to plead guilty because he or she realizes that there is little chance to win acquittal because of the strong evidence of guilt. 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. 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 []. Both courts denied the writ on the basis of the state courts findings that Alford voluntarily and knowingly agreed to plead guilty. Avoiding this process may, in the end, reduce the defendants culpability, conviction, and sentencing for those acts. This could lead to a different . Both kinds of plea result in convictions. | Disclaimer