An Alford plea is a guilty plea entered by a defendant who says he or she is innocent. Cookies collect information about your preferences and your devices and are used to make the site work as you expect it to, to understand how you interact with the site, and to show advertisements that are targeted to your interests. TIL that something called an Alford Plea exists. Cookie Notice Welcome to the Capstone Commentary, an online platform where students interested in legal research can test their hand at writing about the law. Why was Henry C Alfords guilty plea involuntary? " The key purpose of plea barging is to lessen the time and cost of the trial in . Rose, Megan. The Court also noted 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. When you plead guilty, you are accepting responsibility, which some judges view as the first step towards rehabilitation. Alford died in prison in 1975. From what I understand it's basically when you go to court for something and say "i'm pleading guilty, but i'm not admitting guilt". Montaldo, Charles. Attorneys' Manual states that in the federal system, Alford pleas "should be avoided except in the most unusual circumstances, even if no plea agreement is involved and the plea would cover all pending charges." Attacking the jurisdiction of the court over the crime charged. 15 (8) A conviction, plea of guilty, or Alford plea under KRS 218A.1415 shall not trigger 16 the application of this section, regardless of the number or type of . 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. 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. The system should not force him to lie under oath, nor to go to trial with no promise of the ultimate outcome concerning guilt or punishment. An Alford plea is an alternative plea that does not involve admitting guilt. This distinction is relevant because unlike a nolo contendere plea, a formal. An Alford plea is a legal term which refers to a defendant's refusal to admit guilt while still acknowledging that the prosecution has enough evidence to convict them. The criminal record shows a conviction just as if he had pled guilty. in open court, must admit to the crimes charged so he/she can enter an alford plea. These cookies help provide information on metrics the number of visitors, bounce rate, traffic source, etc. North Carolina v. Alford. Justia U.S. Supreme Court. The main purpose of the factual basis requirement is to reconcile any conflict between guilty plea and accused's profession of innocence. [18], Alford was faced with the possibility of capital punishment if convicted by a jury trial. Court has discretion as to whether to accept this type of plea. Alford later appealed his case to federal court, saying that he was coerced into pleading guilty out of fear of the death penalty. Challenging the jurisdiction of the court over the defendant's person. Retrieved from https://www.thoughtco.com/what-is-an-alford-plea-971381. 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. 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. "[28], In the 1995 case State of Idaho v. Howry before the Idaho Court of Appeals, the Court commented on the impact of the Alford guilty plea on later sentencing. https://www.law.cornell.edu/wex/alford_plea(accessed December 11, 2018). 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 some . What Is an Alford Plea? [14] According to the book Gender, Crime, and Punishment published by Yale University Press, "Under the Alford doctrine, a defendant does not admit guilt but admits that the state has sufficient evidence to find him or her guilty, should the case go to trial. 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. In federal courts, such plea may be accepted as long as there is evidence that the defendant is actually guilty. [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. By rejecting non-essential cookies, Reddit may still use certain cookies to ensure the proper functionality of our platform. Alford pleas are typically made by those who don't want to go trial for a number of reasons, according to NOLO. We must trust the accused to make such an important decision for himself. The Alford plea is useful when there is enough evidence to sway the judge to the prosecution's argument, leading to a conviction even if the defendant is innocent. Alford pleas can be used to impeach the . The cookie is used to store the user consent for the cookies in the category "Performance". She is charged with robbery and assault. 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 . In the U.S., pleas are entered in all criminal procedures, given in during a criminal arraignment in most jurisdictions. The Alford guilty plea is named after the United States Supreme Court case of North Carolina v. Alford (1970). This plea allows a defendant to claim to be innocent without taking the risk of going to trial. When she accepts a deal to enter an Alford plea of guilty to only the charge of robbery, the judge accepts. 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. In 1970, he agreed to plead guilty to second-degree murder but he did it for a reason. The Alford Plea essentially says that they . 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. 11. Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. 5. 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. 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. 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. In 1963, Henry Alford was indicted on a charge of first-degree murder in North Carolina. When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. U.S. The cookies is used to store the user consent for the cookies in the category "Necessary". Tedia Gamino is a lawyer in Milwaukee, WI. 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. The man got into a loud argument with some of the partygoers, which soon turned into a brawl, and a gun went off. 14. 7 When was Alford indicted for first degree murder? They note that Prosecuting Attorney Keith L. Chrestman agreed to waive venue for the purpose of the circuit court hearing before Judge . Please contact webmaster@usdoj.gov if you have any questions about the archive site. Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. What Does an Innocence Man Have to Do to Go Free? 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. One example is a situation where the defendant has no recollection of the pertinent events due to intoxication or amnesia. [21] Drennan commented, "We have lots of laws, but human interaction creates unique circumstances and the law has to adapt. 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. An Alford plea is a plea option named after the Supreme Court ruling in North Carolina v. Alford, 400 U.S. 25 (1970). More basically, they allow guilty defendants to avoid accepting responsibility for their wrongs. and our "[11], Legal scholar Jim Drennan, an expert on the court system at the Institute of Government at the University of North Carolina at Chapel Hill, told the Winston-Salem Journal in a 2007 interview that the ability to use this form of guilty plea as an option in courts had a far-reaching effect throughout the United States. 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". Alford Pleas and Appeals: Maintaining Innocence During a Guilty Plea Does NOT Preserve Appellate Rights. What Does an Innocent Man Have to Do to Go Free? These cookies ensure basic functionalities and security features of the website, anonymously. The information here may be outdated and links may no longer function. 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. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). The Alford Plea: Do the Cons Outweigh the Pros. The defendant, who had competent counsel, knowingly entered his guilty plea in order to avoid this outcome. 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. "[37], US Air Force attorney Steven E. Walburn argues in a 1998 article in The Air Force Law Review that this form of guilty plea should be adopted for usage by the United States military. With a no contest plea, a defendant accepts punishment but doesn't admit guilt. The Alford Plea originated from a 1963 trial in North Carolina. An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. : a legal doctrine under which a criminal defendant who does not admit guilt is allowed to plead guilty as part of a plea bargain provided the plea is made voluntarily and with knowledge of the consequences The Alford doctrine provides that a court may accept a knowing and voluntary plea of guilty from a defendant. Kennedy pleas and no contest pleas may sound like the same thing, but they actually have . [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. 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. Out of fear for his life, Alford plead guilty in order to . Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. defendant must provide factual basis for the plea. Guilty but Innocent: The Alford Plea Plea Agreements Generally. [26] Defendants usually enter an Alford guilty plea if they want to avoid a possible worse sentence were they to lose the case against them at trial. This is archived content from the U.S. Department of Justice website. 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. An Alford plea is a guilty plea in criminal court. 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. Out of these, the cookies that are categorized as necessary are stored on your browser as they are essential for the working of basic functionalities of the website. Star Athletica, L.L.C. The Alford Plea originated from a 1963 trial in North Carolina. Alford Plea. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". The History of the Alford Plea The Alford plea is named after the U.S. Supreme Court case, North Carolina v. Alford, from 1970. Alford pleas may offer defendants security, and immediate relief from their charges, but prosecutors often times use Alford maintain their courtroom records or to cover up misconduct. 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.. | Accessibility. [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. However, you may visit "Cookie Settings" to provide a controlled consent. By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. Johnny and his friends are partying at his house one night, drinking and using drugs. Importance and Purpose of Plea Agreement Advisements. It is used by defendants to . [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. This allows the accused to accept a plea bargain for a lesser sentence than he would receive if convicted at trial. [30], Alford plea (see North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. v. Varsity Brands, Inc. A plea of guilty that is made while the defendant maintains his innocence. . As a capital offense, the defendant could have faced the death sentence if a jury found him guilty. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. So what is an Alford plea, and why does it matter? 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. Here's how it works in court - in fact, it's named . However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. Both nolo contendere and Alford pleas have the same consequences as a guilty plea. Following a sentencing hearing, defendant was sentenced to 10 years in prison. Attorney Search Warrant . 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. What was the death penalty in North Carolina? Heres how it works in court in fact, its named after the man described below. . [8] The defendant pleads guilty, but does not have to specifically admit to the guilt itself. Most people havent heard of an Alford plea but its a type of plea many people accused of crimes in Wisconsin use. Copyright 2012 - 2022 by Gamino Law Offices, LLC | All Rights Reserved | This would expose her to a severe sentence. "[17] A Guide to Military Criminal Law notes that under the Alford plea, "the defendant concedes that the prosecution has enough evidence to convict, but the defendant still refuses to admit guilt. While entering his plea, Alford maintained that he was innocent, but pleading guilty due to the threat of the death penalty, according to the Legal Information Institute at Cornell University. What are the conflicts in A Christmas Carol? The defendant is entering the plea to get the benefit of the plea bargain from the prosecution. The Court went on to concede that it may be in the best interest of a defendant to accept a guilty plea in order to minimize his exposure to imprisonment or . 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 entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. Think of a no contest plea as saying, "I'll accept the penalties, but I'm not guilty of the . 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. 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. This guilty plea can be used as evidence in future cases, and can be considered in sentencing for future convictions on other charges. We also use third-party cookies that help us analyze and understand how you use this website. [18] "In fairness to an accused, if, after consultation with his defense counsel, he knowingly and intelligently determines that his best interest is served by an Alford-type guilty plea, he should be free to choose this path. 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. No. Privacy Policy. 68 (2003)1-33. 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. Montaldo, Charles. 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. A plea of not guilty forces the prosecution to prove that the accused committed the alleged charge (s) as filed beyond a reasonable doubt. One example is a situation where the defendant has no recollection of the pertinent events due to intoxication or amnesia. 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 the law of the United States, an Alford plea is a plea in criminal court. Understanding the exact nature of each plea is an important requirement for any person charged with a crime who is considering a negotiated disposition. The possibility of receiving a lessened sentence is something all defendants inherently desire. 1970 U.S. Supreme Court decision on the case of North Carolina v. Alford. 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. Alford was offered a plea deal in which, if he pled guilty to second-degree murder, he would receive a maximum sentence of 30 years in prison. [38], Last edited on 20 February 2023, at 08:27, United States District Court for the Middle District of North Carolina, United States Court of Appeals for the Fourth Circuit, United States Court of Appeals for the Fifth Circuit, University of North Carolina at Chapel Hill, University of Richmond Law Review Association, "Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of, Judge Advocate General School, United States Air Force, "(Not) Guilty Lawyer in case that led to Alford plea says he worried about later questions", "Coles Enters Guilty Pleas on Two Felony Charges", "9-16.015 Approval Required for Consent to Alford Plea", "9-27.440 Plea Agreements When Defendant Denies Guilt", "The Alford Plea Turns Fifty: Why It Deserves Another Fifty Years", USAM 9-16.000 PleasFederal Rule of Criminal Procedure 11, United States Court of Appeals for the First Circuit, https://en.wikipedia.org/w/index.php?title=Alford_plea&oldid=1140489097, This page was last edited on 20 February 2023, at 08:27. In other words, defendants who know a conviction is inevitable might use an Alford Plea to avoid the possibility of harsher penalties (like Henry Alford did in 1970). 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.