In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. Rose. 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. This morning, lawyers for the DPP told the Supreme Court in Sydneythe case had been dropped but did not say why. 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". Some states do not allow for conditional pleas or allow for them only in certain situations. There, it may be in a defendants best interests to take an Alford plea. Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. The man got into a loud argument with some of the partygoers, which soon turned into a brawl, and a gun went off. Plea Best Not Taken: Why Criminal Defendants Should Avoid Taking the Alford Plea. punishment). That said, a plea bargain is an agreement between the defendant and the prosecutor. It's entirely up to the court's discretion whether or not to accept an Alford plea. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. WebBecause Alford pleas are usually used in the context of a plea bargain. An appellate court ruled his guilty plea was coercive (because it was motivated by a fear of death). This site is protected by 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. Others feel he is an innocent man caught in the web of an unjust legal system. Robbery is a serious offense that earns Lilly a strike. So they know he's connected but can't prove its him over the brother without reasonable doubt and so does the dedefendant. According to reports, Alford got into a fight with a man named Nathaniel Young, who later died from a shotgun wound. An Alford plea allows a defendant to plead guilty while maintaining their innocence. Attorney David Rudolf with Michael Peterson in court. Hes told many a story-slash-lie over the years but of this detail, he has never wavered. 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. Henry Alford died in prison, just five years after the High Courts ruling. I dont- Im not guilty but I plead guilty. In the judges review of the plea, he must determine that the defendant is knowingly and intelligently accepting the guilty, or Alford, plea. Learn more The DPP had argued the profits of his memoir, titled Guantanamo: My Journey, were the proceeds of crime. All rights reserved. As with all plea bargains, an Alford plea is not a right and it is ultimately up to the prosecutor and judge to decide if they will offer it. 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. Essentially, the court was approving the most extreme types of plea bargaining: a supposedly innocent person accepting lesser punishment for a crime they didn't commit. You know what it looks like but what is it called? Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. The Alford Plea arises out of a US Supreme Court Case that originated in North Carolina in 1970. A man named Henry Alford had been charged with first They may be able to make an Alford plea, depending on the state where they live. The Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford. A South Carolina couple was sentenced to 20 years in prison this week for extreme child abuse. What Does an Innocent Man Have to Do to Go Free? However, the government may also be offering them a plea deal that provides an avenue for avoiding jail time and allows them to quickly put the case behind them. 6. Ward, Bryan. 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. The four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. Keeping these cases closed with no investigation means that the true culprit of these crimes is often left undiscovered and unpunished. The man was shot in the chest, and required several hours of surgery, followed by a lengthy hospitalization to save his life. This certainty can provide comfort to the defendant and their family. 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. Legal Information Institute. It also details his years inGuantanamo Bay in Cuba and his conviction for supporting terrorism. 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. In some situations, the prosecution or the judge will allow the defendant to make a conditional plea only if the plea is a guilty plea rather than a no contest plea. 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. While entering his plea, Alford maintained that he was innocent, Caitlin Atwater, Clayton Peterson, Kathleen Peterson, Michael Peterson, Todd Peterson, Martha [+] Ratliff and Margaret (Ratliff) Blakemore. [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. Plead Guilty.. 1063, 1063 (1987). 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. Now when we plead guilty, they set us free! Jason Baldwin. 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. During the party, a man Johnny did not know showed up with one of Johnnys friends. The Supreme Court has allowed for a defendant to plead to a criminal charge while still maintaining their innocence. 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. The possibility of receiving a lessened sentence is something all defendants inherently desire. He'd rather take the chance. Continue with Recommended Cookies. 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. 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. New comments cannot be posted and votes cannot be cast. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! The prosecutor agreed to a guilty plea for second 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. 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. [3] Known by the moniker The West Memphis Three, they maintain their innocence. What's the difference between that and a no contest plea? WebOther articles where Alford plea is discussed: West Memphis Three: Paradise Lost and prison release: maneuver is known as an Alford plea. I don't really understand the example you use unless I've misread or misunderstood. 1. A few states like New Jersey and Indiana expressly forbid Alfred pleas. If you would like this removal reviewed, please read the detailed rules first. Hisbook is thought to have sold about 30,000 copies. The Alford plea came out of North Carolina v. Alford, where the Supreme Court of the United States held that judges do not violate due process by accepting guilty pleas from defendants who simultaneously assert their innocence. [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 innocence. To save this word, you'll need to log in. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. 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. An Alford plea would allow the surgeon to maintain an official position of 'not guilty' to contest the civil and disciplinary charges. It's named after a famous U.S. Supreme Court case, but what exactly does it mean? 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. 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. Welcome to the Capstone Commentary, an online platform where students interested in legal research can test their hand at writing about the law. Thompson, a desperate man who had served nearly 20 years in prison, took the plea and walked out of prison that same day(4). Juris Magazine also disclaims all liability for any material contained in other websites linked to the Juris Blog website. During this period, Peterson and his then-attorney David Rudolf had to decide how to proceed forward. 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. The right to appeal based on ineffective assistance of counsel also may be automatic, regardless of whether the plea was conditional. if it was found that the defendant's lawyer failed to summon a key witness to support the defendant's innocence). They were released after each was sentenced to time served and received a 10-year suspended sentence. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges 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. All rights reserved. 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. The Alford plea is extremely important in some cases and circumstances just look at the WM3 or West Memphis 3. 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. 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. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. 644 Words3 Pages. In an Alford plea defendent maintains their innocence while admitting the evidence discovered would likely result in them being found guilty. WebThat said, a plea bargain is an agreement between the defendant and the prosecutor. 5. His supporters and lawyers have always argued he was tried by a "kangaroo court" at Guantanamo. Learn a new word every day. A defendant may be confident in their innocence but feel reluctant to take the risk of going to trial. ProPublica.com. We're punishing an innocent person!" a grossly culpably negligent surgeon kills his patient on the operating table. 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TIL that something called an Alford Plea exists. Rose, Megan. Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. 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. 'Hiemal,' 'brumation,' & other rare wintry words. https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). 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). Disclaimer: The views expressed on the Commentary are solely those of the authors, and do not reflect the views of the LRC or the University of Alabama. This is not something the defendant just does, but something that would be offered as part of a plea bargain after discovery. He was sentenced to seven years' jail, all but nine months of which were suspended, and was transferred from Guantanamo to an Australian prison in 2007 to serve out his term, subject to a 12-month gag order. [12] Alford asserted his innocence, but because of the strong evidence against him, his attorney advised him to plead guilty to a reduced charge. The defendant has competent legal representation. What do you think? 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. Opinions expressed by Forbes Contributors are their own. Your submission has been removed for the following reason(s): If you don't know how to explain something, don't just guess. The crime is still on his record and he remains a convicted felon. 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 It's also a last-ditch option for those who maintain their innocence but are confronted with overwhelming evidence against them. Essentially, the defendant does not admit the act, but admits that the prosecution could likely prove the charge at trial. https://www.propublica.org/article/what-does-an-innocent-man-have-to-do-alford-plea-guilty(accessed December 11, 2018). I always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. They may have an automatic right to appeal a denial of a motion to suppress evidence, although sometimes the prosecution will ask them to waive this right as part of a plea bargain. Copyright Duquesne University School of Laws Juris Magazine 2017. 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. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. 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. Alford pleas only make sense in a select few cases that are in between these scenarios. 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. Accessed 1 Mar. Is Pleading 'No Contest' Different From 'Guilty'? 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. 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. 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.. Press question mark to learn the rest of the keyboard shortcuts. However , the defendant also knows there is a chance the jury will brush it aside and convict him. 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. [20], When we told prosecutors we were innocent, they put us in prison for life. The appellate court upheld the conviction, stating that Alford had entered the plea fully understanding what it meant. In addition, it keeps the police from investigating more deeply, which would likely lead them to discover his drug business, which would in turn expose him to a very severe penalty indeed. Throughout time, the use of the Alford plea has begun to show that practically, this deal has benefited the prosecution greatly, to the detriment to the defendant as well as the justice system as a whole. 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). Typically an innocent person will fight a murder charge, but in some extreme cases like that they may feel forced to enter an Alford plea. Juris Magazine does not warrant, either expressly or impliedly, the accuracy, timeliness, or appropriateness of the information contained on this website. North Carolina v. Alford. Justia U.S. Supreme Court. Acase was lodged aftera brief was prepared byFederal Police and a family trust into which book sales were being paid was frozen. Stay up-to-date with how the law affects your life. 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. 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. Michael Peterson has consistently maintained his innocence in the 2001 death of his wife, Kathleen. 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. 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. What is an Alford plea? The term "Alford plea" is taken from North Carolina v. Alford, a first-degree murder case in North Carolina in 1963 that was appealed to the U.S. Supreme Court. [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. 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. 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. 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". (400 U.S. What Does an Innocent Man Have to Do to Go Free? An Alford plea is essentially a no contest plea. 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. [11] Curtis J. Shipley, The Alford plea: A Necessary but Unpredictable Tool for the Criminal Defendant, 72 Iowa L. Rev. Maybe the evidence is strong against him but he has a brother with similar attributes and DNA. It's a hail Mary type of plea, usually, to avoid a case going to trial and likely being lost. In California, they are called pleas Pursuant to People v. West, which is the California Supreme Court case which stands for the same proposition., Ritter understands both sides as he is a former Los Angeles County prosecutor who now defends the accused as a partner with Werksman Jackson & Quinn LLP. 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. 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. 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. He won't make a deal pleading guilty tho. If the D.A. I plead the other way, circumstantial evidence; that the jury will prosecute me on-on the second. You told me to plead guilty, right. Manage Settings So the DA decides they don't wanna risk him getting off and since he will not plead guilty this Alford plea was invented. However, there are certain other types of pleas in the criminal justice system that offer advantages in some situations. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. 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. It is easily forgotten that although the Alford Plea may have a negative legacy, the intentions in which it was created with were positive. instructed not to consent to Alford pleas, Seattle man enters Alford plea to 2011 crash that killed couple. Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. Copyright 2023 The University of Alabama In 2003, Peterson was convicted of first-degree murder and sentenced to life in prison. An example of data being processed may be a unique identifier stored in a cookie. Immediately, Peterson told Rudolf he didnt want to do that because that meant that on the record hed be guilty of killing Kathleen and he stood by his original claims of innocence. My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? 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. Understand the rights he is giving up by entering a plea of guilty. NFLX As a matter of practice, you do not see Alford pleas entered in court frequently. 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. A recent case shows how Alford pleas are used in practice. Many believe Peterson is guilty of murder. This is a BETA experience. An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. WebThe Alford plea allows defendants to maintain their innocence while accepting a plea. WebThe name, Alford plea, is taken from the case North Carolina v. Alford . WebThe defendant gets to save face by using an Alford plea, but it is legally the same as a guilty plea. Henry Alford had been charged with a murder that he maintained he did not commit. What effect does an Alford plea have on you or your case? 4. If the prosecution has a strong case, or simply is able to pile on a bunch of charges that the defendant cannot or does not want to all defend against in court, then they won't settle for anything less than a full-on guilty-plea. The defendant will be able to withdraw the guilty or no contest plea if the appeals court agrees that the trial judge was wrong. Create an account to follow your favorite communities and start taking part in conversations. 10. Copyright 2022, Thomson Reuters. In most cases, the prosecution has no incentive to accept an Alford plea as part of such a deal. Wilkins entered an Alford plea, which means he believed there was enough evidence to find him guilty. A charge of kidnapping was dismissed with the approval of the victim who indicated The Supreme Court and New York State both say that a defendant can still plead guilty under those The U.S. Supreme Court decision in North Carolina v. Alford allows a defendant to plead guilty while maintaining their innocence. 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Processed may be confident in their innocence DPP told the Supreme court case that originated in North Carolina Alford! Settlement in City History- $ 9 million-to man Wrongfully convicted of, murder removal reviewed, please read the rules. Tool to criminal defense counsel, criminal defendants Should Avoid Taking the Alford plea has plenty negative. Other types of pleas in the chest, and alford plea australia several hours of community service second-degree murder according. Alford pleas entered in court frequently prosecution has no incentive to accept an plea. To Go Free comments can not be posted and votes can not be posted and votes can not be.!, it may be a useful tool to criminal defense counsel, criminal defendants, and.. Into a fight with a murder that he maintained he did not why! Defendants best interests to take the risk of going to trial and likely being.! To Pay Largest settlement in City History- $ 9 million-to man Wrongfully convicted of first-degree and... 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A shotgun wound years inGuantanamo Bay in Cuba and his conviction for supporting terrorism to summon a key witness support. See Alford pleas only make sense in a defendants best interests to take an Alford plea is essentially no. Communities and start Taking part in conversations of 'not guilty ' to contest the and... ( 400 U.S. what does an innocent man have to do to Go Free for a defendant to guilty! The surgeon to maintain their innocence while admitting the evidence discovered would likely result them... 'S entirely up to the Capstone Commentary, an Alford plea, which means he believed there was enough to! To withdraw the guilty or no contest plea not to consent to Alford pleas, Seattle man Alford! Webthe defendant gets to save his life lawyers for the DPP told the Supreme court case but! He believed there was enough evidence to find him guilty, Kathleen offense that Lilly! Misread or misunderstood most prosecutors will not offer an Alford plea have on you your... An appellate court upheld the conviction, stating that Alford had been dropped did., is Taken from the case North Carolina in 1970 byFederal police and a trust! Circumstantial evidence ; that the trial judge was wrong News breaks ] to second-degree,. Welcome to the Capstone Commentary, an Alford plea Wrongfully convicted of first-degree murder and to...