In 2006, new DNA evidence surfaced regarding this crime that showed that both semen and blood samples found on the crime scene were not matches to either Owens or Thompson. An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. 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. The next thing Johnny knows, he is waking up in a jail cell, then he is charged with assault with a deadly weapon, and assault causing great bodily harm. This cookie is set by GDPR Cookie Consent plugin. Although there were no witnesses to the shooting, the evidence strongly indicated that Alford was guilty. 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. Special pleas used in criminal cases include: Mental incompetence. 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. What equipment is necessary for safe securement for people who use their wheelchair as a vehicle seat? 7. 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. TIL that something called an Alford Plea exists. alford plea. 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. An Alford plea is just like any other guilty plea, except that the defendant is not required to admit guilt in open court . In 1963, Henry Alford was accused and charged with first-degree murder, which made him eligible for the death penalty in his state of North Carolina. 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. 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 an Alford plea and a no contest plea are the functional equivalents of a guilty plea. Please contact webmaster@usdoj.gov if you have any questions about the archive site. When was Alford indicted for first degree murder? In the law of the United States, an Alford plea (also called a Kennedy plea in West Virginia)is a plea in criminal court. 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." Functional cookies help to perform certain functionalities like sharing the content of the website on social media platforms, collect feedbacks, and other third-party features. 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. Decided Nov. 23, 1970. This plea involves accepting the violations as charged along with all of the associated penalties without admitting guilt. 4 What happened in the Ricketts v Adamson 1987 case? 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. Like the similarnolo contendereplea, an Alford plea skips the full process of a criminal trial because the defendant agrees to accept all the ramifications of a guilty verdict (i.e. Alford pleas: A Violation of Rights or a Psychological Slave?. 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. A defendant who enters an Alford plea pleads guilty but claims to be innocent. . In December, Gunna entered a negotiated Alford plea and was released from jail later in the day. 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. ThoughtCo, Jul. " The key purpose of plea barging is to lessen the time and cost of the trial in . The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). 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. They undermine the procedural values of accuracy and public confidence in accuracy and fairness, by convicting innocent defendants and creating the perception that innocent defendants are being pressured into pleading guilty. Pp. 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. That said, a plea bargain is an agreement between the defendant and the prosecutor. 2 What is an Alford plea in North Carolina? The cookies is used to store the user consent for the cookies in the category "Necessary". 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. Understanding the exact nature of each plea is an important requirement for any person charged with a crime who is considering a negotiated disposition. Purpose of Alford pleas. This applies equally to pleas and trials. The plea in bar. Ward, Bryan. [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. - Defendant's claim that the defendant was improperly sentenced on additional counts because those counts were to be dismissed as part of a negotiated plea was disingenuous. The Alford guilty plea is named after the United States Supreme Court case of North Carolina v. Alford (1970). 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 . The main purpose of the factual basis requirement is to reconcile any conflict between guilty plea and accused's profession of innocence. You also have the option to opt-out of these cookies. [21] Drennan commented, "We have lots of laws, but human interaction creates unique circumstances and the law has to adapt. Court testimony showed that Alford and the victim had argued at the victim's house. And guilty defendants who are in denial should be empowered to use these pleas instead of being forced to stand trial. Think of a no contest plea as saying, "I'll accept the penalties, but I'm not guilty of the . "[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. 160 (1970)) (when a defendant maintains his or her innocence with respect to the charge to which he or she offers to plead guilty), In the 2006 case before the United States Court of Appeals for the Fifth Circuit, Ballard v. Burton, Judge Carl E. Stewart writing for the Court held that an Alford guilty plea is a "variation of an ordinary guilty plea". https://supreme.justia.com/cases/federal/us/400/25/(accessed December 13, 2018). Held: The trial judge did not commit constitutional error in accepting appellees guilty plea. Michael Peterson Maintains His Innocence. Rule 11 essentially provides a list of topics that the Court is required to address when advising a defendant who is entering a guilty plea. 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. In 1963, Henry Alford was indicted on a charge of first-degree murder in North Carolina. "[16] According to University of Richmond Law Review, "When offering an Alford plea, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense. [19] 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. The sentencing court may, of necessity, consider a broad range of information, including the evidence of the crime, the defendant's criminal history and the demeanor of the defendant, including the presence or absence of remorse. Understand the rights he is giving up by entering a plea of guilty. 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). Alford later filed a habeas petition in federal court, arguing that his plea was "involuntary because its principal motivation was fear of the death penalty.". This plea, receiving its name sake from the 1969 Supreme Court case North Carolina v. Alford (2), is defined by the Legal Information Institute as Also known as a best interest plea, an Alford registers as a formal claim of neither guilt nor innocence of charges brought against a defendant in criminal court.an Alford plea arrests the full process of a criminal trial because the defendanttypically, only with the courts permissionaccepts all ramifications of a guilty verdict without first attesting to having committed the crime(3). 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. There was a lot of strong evidence against Alford, and his criminal defense lawyer . The punishment is the same, so refusing to comply with probation will bring the same punishment regardless of why. Because Alford maintained his innocence, he knew that he could be sentenced to death if the jury so chose so instead, he took a plea bargain and pled guilty to second-degree murder. Both courts denied the writ on the basis of the state courts findings that Alford voluntarily and knowingly agreed to plead guilty. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. 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. The defendant pled guilty to second-degre murder to avoid the death penalty, but still vocalized his . The entry of an Alford plea by a defendant is no different than a conviction . | Accessibility. What happened in the Ricketts v Adamson 1987 case? An Alford Plea (also called a Kennedy plea in West Virginia) is considered a guilty plea in criminal court but the accused reasserts their innocence. As we already mentioned, Michael Peterson is, without a doubt, the most famous example of an Alford plea in the 21st century so far. They note that Prosecuting Attorney Keith L. Chrestman agreed to waive venue for the purpose of the circuit court hearing before Judge . Once you enter a plea and it is accepted by the judge, the case is over. Most people havent heard of an Alford plea but its a type of plea many people accused of crimes in Wisconsin use. In the U.S., pleas are entered in all criminal procedures, given in during a criminal arraignment in most jurisdictions. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). Sometimes people want to plead, no contest, which has most of the same effect except it cannot be used in a ci. Tweet. In this plea, the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty. Alford left the house, and afterwards the victim received a fatal gunshot wound when he opened the door responding to a knock. 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. 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. ProPublica.com. To explore this concept, consider the following Alford plea definition. 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. Instead, the defendant pleads to avoid the potential consequences of going to trial, and . https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). [13], Defendants can take advantage of the ability to use the Alford guilty plea, by admitting there is enough evidence to convict them of a higher crime, while at the same time pleading guilty to a lesser charge. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. in open court, must admit to the crimes charged so he/she can enter an alford plea. Heres how it works in court in fact, its named after the man described below. However, you may visit "Cookie Settings" to provide a controlled consent. In fact, if the accused is silent and refuses to enter into a plea, the court will automatically enter not guilty plea on his behalf. Alford Pleas and Appeals: Maintaining Innocence During a Guilty Plea Does NOT Preserve Appellate Rights. 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. Both kinds of plea result in convictions. 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". An Alford plea is a plea option named after the Supreme Court ruling in North Carolina v. Alford, 400 U.S. 25 (1970). This allows the accused to accept a plea bargain for a lesser sentence than he would receive if convicted at trial. Following a sentencing hearing, defendant was sentenced to 10 years in prison. Alford Plea. Reddit and its partners use cookies and similar technologies to provide you with a better experience. The appellate court upheld the conviction, stating that Alford had entered the plea fully understanding what it meant. Strong evidence of the defendants guilt is constitutionally required before a court may accept a defendants Alford guilty plea because there is no admission of guilt. 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 improvident plea of guilty on the part of the accused when capital crimes are involved should be avoided since he might be admitting his guilt before the court and thus forfeit his life and liberty without having fully comprehended the meaning and import and consequences of his plea. An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. Can Police Pull You Over Without a Reason? [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. Although an outward expression of "not guilty" is not required, in some states, like Georgia, standing mute is equivalent to . . 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. [30] The Court held that a ruling that the plea was entered into voluntarily is implied by the act of sentencing. PolygraphsIntroduction at Trial up 265. This is something every defendant should keep in mind . Tedia Gamino is a lawyer in Milwaukee, WI. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. 17 purpose. What is the purpose of an Alford plea? 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. A guilty plea cannot be directly appealed, but only by way of an application for leave to appeal. The court is within its rights to find the defendant guilty, and the trial can result in a conviction. 6. His plea was accepted and he was sentenced to 30 years in prison. 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. The most common plea is a not guilty plea. Rose, Megan. 68 (2003)1-33. Plea Best Not Taken: Why Criminal Defendants Should Avoid Taking the Alford Plea. 4. Out of fear for his life, Alford plead guilty in order to . The Seattle Times. 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. 31-39. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. [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. : 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. Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. Why was Alford denied a writ of habeas corpus? 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. Plead Guilty.. In 1970, he agreed to plead guilty to second-degree murder but he did it for a reason. About 17% of State inmates and 5% of Federal inmates submitted either an Alford plea or a no contest plea, regardless of the type of attorney. 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". [12] Others hold that an Alford plea is simply one form of a guilty plea,[9][10] and, as with other guilty pleas, the judge must see there is some factual basis for the plea. [35][36], In his book American Criminal Justice (1972), Jonathan D. Casper comments on the Supreme Court decision, noting, "The Alford decision recognizes the plea-bargaining system, acknowledging that a man may maintain his innocence but still plead guilty in order to minimize his potential loss. As it turns out, Johnny is a local drug distributor doling out drugs to local dealers for sales, and paying the wholesaler his cut. 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. What Does an Innocent Man Have to Do to Go Free? This would expose her to a severe sentence. "[10], The Alford guilty plea is "a plea of guilty containing a protestation of innocence". The name, Alford plea, is taken from the caseNorth Carolina v. Alford. 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. The trial court verdict was then vacated. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim 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? A defendant making an Alford plea maintains his innocence of the offense charged. Rather, it allows the person making the plea to acknowledge that a jury would likely find them guilty if they entered a . His lawyer recommended that he plead guilty to second-degree murder in order to avoid being sentenced to death, which was the likely sentence he would receive in North Carolina at that time. In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but admits that the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty . In some cases, a "conditional plea" may be entered by a . [30], Alford plea (see North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. He later sued the State for the 21 years he spent wrongfully imprisoned and was awarded a settlement of 9 million dollars. In other words, an Alford plea is the same as pleading guilty while also claiming to be innocent. [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. (2021, July 30). [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. [10][12] Henry Alford had been indicted on a charge of first-degree murder in 1963. 1970 U.S. Supreme Court decision on the case of North Carolina v. Alford. Attacking the jurisdiction of the court over the crime charged. This plea allows a defendant to claim to be innocent without taking the risk of going to trial. What Does an Innocent Man Have to Do to Go Free? 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 jury verdict of guilty, unless the jury recommended life imprisonment; and for a penalty of from two to 30 years imprisonment for second-degree murder. Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. Appellee was indicted for the capital crime of first-degree murder. 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). On December 2, 1963, Alford was indicted for first-degree murder, a capital offense under North Carolina [400 U.S. 25, 27] law. 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. [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.