When someone is wrongfully convicted, taking an Alford plea may seem like a way out of a tragic situation. Rose. Often, a defendant may strongly maintain their innocence for several reasons, such as civil liability or simply their righteous indignation. | Accessibility. 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. 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. According to reports, Alford got into a fight with a man named Nathaniel Young, who later died from a shotgun wound. Well, Im still pleading that you all got me to plead guilty. 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. This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. | Disclaimer The distinction between the two is clear (now). 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. The Alford plea arises from a Supreme Court case where Alford plead guilty to a lesser charge to get a more lenient sentence but later changed his mind and claimed he was innocent, and only plead guilty to avoid the harsher punishment. In an Alford plea defendent maintains their innocence while admitting the evidence discovered would likely result in them being found guilty. E.g. The Court ultimately ruled that the court could accept a guilty plea when the defendant was simultaneously claiming he was innocent. (400 U.S. This allows the accused to accept a plea bargain for a lesser sentence than he would receive if convicted at trial. There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. Juris Magazine also disclaims all liability for any material contained in other websites linked to the Juris Blog website. 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. An Alford plea is not a guilty plea, it's a statement of "I'm not guilty but I'm not going to fight it". Tweet. A South Carolina couple was sentenced to 20 years in prison this week for extreme child abuse. a grossly culpably negligent surgeon kills his patient on the operating table. ***. Gunna, whose real name is Sergio Kitchens, entered a negotiated plea known as an Alford plea. 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. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. 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. v. Varsity Brands, Inc. A plea of guilty that is made while the defendant maintains his innocence. Often, they occur on the eve of trial when the parties want to come to a resolution, but the defendant really wants to An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. The Director of Public Prosecutions has dropped a case against former Guantanamo Bay inmate David Hicks. 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. Michael Peterson has consistently maintained his innocence in the 2001 death of his wife, Kathleen. Is Pleading 'No Contest' Different From 'Guilty'? 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. Q [by Alfords attorney]. They compromised their chance to be exonerated during a new trial to instead be permitted to leave the courthouse with time served. The DPP had argued the profits of his memoir, titled Guantanamo: My Journey, were the proceeds of crime. This is usually used in plea bargaining to receive a sentence for a lesser charge, while still maintaining the assertion of innocence. The U.S. Supreme Court decision in North Carolina v. Alford allows a defendant to plead guilty while maintaining their innocence. So they know he's connected but can't prove its him over the brother without reasonable doubt and so does the dedefendant. The defendant has competent legal representation. The record before the judge contains strong evidence of actual guilt. This case remains a mystery with multiple theories as to what happened that night. "This is a type of plea not Why would an innocent person take a plea deal? [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 We never had an argument in our life and I just pleaded guilty because they said if I didnt they would gas me for it, and that is all. Stay up-to-date with how the law affects your life. 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. As it turns out, Johnny is a local drug distributor doling out drugs to local dealers for sales, and paying the wholesaler his cut. But because he would have faced the death penalty if convicted, he pleaded guilty to second-degree murder -- all the while maintaining his innocence. By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. 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. 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. 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 often takes the form of a brief discussion in court, in which the judge asks whether the defendant understands that he is accepting punishment as though he is guilty, even if he is making an Alford plea, or no contest. 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/. 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. 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). Pittsburgh, PA 15282 after North Carolina vs. Alford, U.S. Supreme Court case (1970) that sanctioned such a plea. 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. 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). 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. He won't make a deal pleading guilty tho. 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). 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. The victim could use a guilty plea as evidence of the defendants liability for the accident, but they could not use a no contest plea in the same way. 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. What I mean is that in the example you use the evidence is overwhelming. 11. What effect does an Alford plea have on you or your case? 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). The Supreme Court and New York State both say that a defendant can still plead guilty under those if it was found that the defendant's lawyer failed to summon a key witness to support the defendant's innocence). I dont- Im not guilty but I plead guilty. 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