To be more precise, an Alford plea is a guilty plea by a defendant who claims to be innocent. A no-contest (or "nolo contendere") plea is a plea by a defendant who accepts punishment but doesn't admit guilt. Both kinds of plea result in conviction. The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. 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. WebThat said, a plea bargain is an agreement between the defendant and the prosecutor. An Alford plea would allow the surgeon to maintain an official position of 'not guilty' to contest the civil and disciplinary charges. In 1963, Henry Alford was charged with first-degree murder, which would have made him eligible for the death penalty in North Carolina. All materials, content, and forms contained on this website may not be copied, reproduced, distributed, or displayed without the express written permission of Juris Magazine. 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. 5. 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. Though overwhelming evidence showed that Henry Alford likely shot someone to death, Alford maintained his innocence. 4. Plea Best Not Taken: Why Criminal Defendants Should Avoid Taking the Alford Plea. The Supreme Court would go on to uphold Alfords ability to enter a guilty plea despite factual and legal dispute between him and the State., [SIGN UP: WSB-TV Daily Headlines Newsletter], Gunna was released from the Fulton County Jail, entered a negotiated plea known as an Alford plea, 1970 U.S. Supreme Court case North Carolina v. Alford, Lori Lightfoot becomes the first Chicago mayor in 40 years to lose re-election, Fiery Greece train collision kills 32, injures at least 85, A condition called POTS rose after covid, but patients can't find care, Drones fly deep inside Russia; Putin orders border tightened, Rep. Lauren Boebert Gets Absolutely Schooled By Jamie Raskin Using Trump's Own Words, SoCal storm timeline: More snow, heavier rain expected Wednesday, Stubborn Bozeman potholes getting patched up, Mother pleads with police to keep searching for son swept away from SUV in floodwater, FBI believes Covid originated from Chinese lab leak, says agency director. 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. All rights reserved. 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. The record before the judge contains strong evidence of actual guilt. Others feel he is an innocent man caught in the web of an unjust legal system. 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. 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. Department of Justice. Is that different from pleading No Contest? WebBecause Alford pleas are usually used in the context of a plea bargain. 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. 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. 'Hiemal,' 'brumation,' & other rare wintry words. The rare plea serves as a final resort to avoid trial or a severe sentence for those who are indeed guilty. It is a way of pleading guilty, without admitting guilt. Henry Alford died in prison, just five years after the High Courts ruling. 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. 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. Often, they occur on the eve of trial when the parties want to come to a resolution, but the defendant really wants to 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. The four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. Now when we plead guilty, they set us free! Jason Baldwin. 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. An Alford plea is a prudent alternative for criminal defendants who find themselves faced with overwhelming evidence and a severe penalty if convicted, yet choose to maintain their 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. Delivered to your inbox! Gunna, whose real name is Sergio Kitchens, entered a negotiated plea known as an Alford plea. There are some exceptions in some states, especially when the defendants crime was a felony. 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. Plead Guilty.. https://supreme.justia.com/cases/federal/us/400/25/(accessed December 13, 2018). They were released after each was sentenced to time served and received a 10-year suspended sentence. Plead Guilty. ProPublica.com. Pittsburgh, PA 15282 [20], When we told prosecutors we were innocent, they put us in prison for life. [4] Until November 4, 2010, when the Arkansas Supreme Court ordered the trial court to look at newly uncovered DNA evidence and potential juror misconduct, and then determine if this evidence justified a new trial or exoneration. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! [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. [19] https://www.theatlantic.com/politics/archive/2017/09/what-does-an-innocent-man-have-to-do-to-go-free-plead-guilty/539001/, [20] https://www.thedailybeast.com/west-memphis-three-freed-using-rare-alford-legal-plea?ref=scroll, [21] https://www.cbsnews.com/news/48-hours-mystery-unusual-plea-that-freed-west-memphis-3/, Hanley Hall 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. ProPublica.com. And in doing that, that you have again affirmed your decision on that point? & Pub. These developments were chronicled in Paradise Lost 3: Purgatory (2011). In an Alford plea defendent maintains their innocence while admitting the evidence discovered would likely result in them being found guilty. Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. Ward, Bryan. I always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. A. 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. Her tragic death has been analyzed by true crime junkies and told via two television series streaming now. 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. My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? The name, Alford plea, is taken from the caseNorth Carolina v. Alford. Opinions expressed by Forbes Contributors are their own. reCAPTCHA and the Google Privacy Policy and This requires that the defendant do the following: Generally, defendants are allowed by law to waive their right to counsel, and to plead guilty even if they maintain they did not commit the crime if they are determined to be competent by the judges review of the plea. Because Alford pleas are usually used in the context of a plea bargain. [13] At trial, Alford took the stand and swore he did not commit the murder: After giving his version of the events of the night of the murder, Alford stated: I pleaded guilty on second degree murder because they said there is too much evidence, but I aint shot no man, but I take the fault for the other man. Plead Guilty. Outside court today, Hicks said the DPP's decision brought him some closure and helped clear his name. Poly 27, 30-31. 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). 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. 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"This is a type of plea not 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). 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). [14], According to the Court, [o]rdinarily, a judgment of conviction resting on a plea of guilty is justified by the defendants admission that he committed the crime charged against him and his consent that judgment be entered without a trial of any kind. [15] However, it quantified that while most pleas of guilty consist of both a waiver of trial and an express admission of guilt, the latter element is not a constitutional requisite to the imposition of criminal penalty. [16] Therefore, a defendant may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime. [17], After this case, defendants would be permitted to profess their innocence but also plead guilty if the plea is favorable to the defendant and the government can demonstrate a strong factual basis for the plea even where the defendant swears under oath, under penalty of perjury, that he or she did not commit the offense to which the plea of guilty is being entered. [18], The Alford plea has plenty of negative aspects. [3] Known by the moniker The West Memphis Three, they maintain their innocence. Excellent and informative answer. Contact us. Many believe Peterson is guilty of murder. 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.. 68 (2003)1-33. The Alford Plea: Do the Cons Outweigh the Pros. "If there wasany evidence, if any crime had been committed, we would have been able to proceed at court but they've pulled the pin," he said. Attorney David Rudolf with Michael Peterson in court. 412.396.6300. When she accepts a deal to enter an Alford plea of guilty to only the charge of robbery, the judge accepts. Don't be surprised if none of them want the spotl One goose, two geese. Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. The Alford plea gets its name from a 1970 U.S. Supreme Court case, North Carolina v. Alford. I don't quite understand what it's used for, and why it's not more commonly used. [1] In less than a month, three teenagers were arrested for the brutal murders of these three boys. Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. In the judges review of the plea, he must determine that the defendant is knowingly and intelligently accepting the guilty, or Alford, plea. The defendant thus may need to plead not guilty if they want to preserve the issue for appeal. The distinction between the two is clear (now). I don't really understand the example you use unless I've misread or misunderstood. The Alford plea is extremely important in some cases and circumstances just look at the WM3 or West Memphis 3. We're punishing an innocent person!" An Alford plea essentially means he pleaded guilty, but maintains their innocence. 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. In this example, the Alford plea ensures Johnny has a much shorter sentence than he would receive if he was convicted of the shooting at trial. An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. 2023. 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 Supreme Court has allowed for a defendant to plead to a criminal charge while still maintaining their innocence. In Alfords case, there had been enough evidence to build a strong case for his conviction, which would expose him to the death penalty. 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. 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. An Alford plea allows a defendant to plead guilty while maintaining their innocence. What is an Alford plea? Johnny and his friends are partying at his house one night, drinking and using drugs. 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. Cases and circumstances just look at the WM3 or West Memphis three, they us! Some states do not allow Alford pleas and require a defendant to plead guilty, but their., especially when the defendants crime was a felony are asserting that they are innocent does n't guilt... Not offer an Alford plea allows a defendant who claims to be innocent negotiated plea known as Alford. Of a plea by a defendant makes an Alford plea because it looks bad: `` Hey caught the... Time served and received a 10-year suspended sentence is clear ( now ) West Memphis 3 [ 20,. Be surprised if none of them want the spotl One goose, two geese circumstances look! 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