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. This case remains a mystery with multiple theories as to what happened that night. 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). Create an account to follow your favorite communities and start taking part in conversations. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Is Pleading 'No Contest' Different From 'Guilty'? There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. 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. 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/. ", He explains why a man like Peterson, who maintained his claims of innocence for 16 years, would take such a deal. 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. 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. Rose states that an Alabama ACLU attorney who eventually lead the prosecution to exonerate their client after multiple Alford plea attempts only because we were continuing to expose prosecutorial misconduct (7) which the prosecution greatly feared. Is it the same thing? has its version, a 13-episode documentary series, and HBO Max has the scripted version starring Toni Collette and Colin Firth. According to reports, Alford got into a fight with a man named Nathaniel Young, who later died from a shotgun wound. 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 still other states, a defendant may not need to make a conditional plea to preserve an issue. She is charged with robbery and assault. He was released from prison and remained under house arrest and ordered to wear an ankle monitor. If you have a pending criminal charge, contact the attorneys of Olson Defense at (952) 835-1088. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! The crime is still on his record and he remains a convicted felon. 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. Excellent and informative answer. 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). Understand the rights he is giving up by entering a plea of guilty. 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. Contact us. An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. With an Alford plea, the defendant -- typically only with the court's permission -- accepts all the ramifications of a guilty verdict (i.e., punishment) without first attesting to having committed the crime. As it turns out, Johnny is a local drug distributor doling out drugs to local dealers for sales, and paying the wholesaler his cut. 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. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court he is guilty. 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. By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. By this time, Peterson knew there was corruption in his first case and feared that culture still existed and could hurt him in a second trial. So then there's no plea bargain at all. It also details his years inGuantanamo Bay in Cuba and his conviction for supporting terrorism. The Commonwealth has beenordered to pay Hicks's court costs. https://www.propublica.org/article/what-does-an-innocent-man-have-to-do-alford-plea-guilty(accessed December 11, 2018). Netflix It's named after a famous U.S. Supreme Court case, but what exactly does it mean? You know what it looks like but what is it called? 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. Others feel he is an innocent man caught in the web of an unjust legal system. 25.) In the law of the United States, an Alford plea is a plea in criminal court. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. An Alford plea allows a defendant to plead guilty while maintaining their innocence. While entering his plea, Alford maintained that he was innocent, What Does an Innocent Man Have to Do to Go Free? 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. Other states allow Alford pleas in the context of no contest pleas but not guilty pleas. 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. Copyright 2022, Thomson Reuters. The Supreme Court has allowed for a defendant to plead to a criminal charge while still maintaining their innocence. WebAlford plea noun law : a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain After a lunch break, Garcia Avoiding this process may, in the end, reduce the defendants culpability, conviction, and sentencing for those acts. 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. We're punishing an innocent person!" 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. To explore this concept, consider the following Alford plea definition. 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. An Alford plea allows a defendant to plead guilty while maintaining their innocence. Q. they don't have an alibi, they were seen near the scene of the crime around the time of the murder, witnesses heard the defendant have a heated argument with the victim just before, there's DNA and fingerprints all over the victim's house and body, and so forth. An Alford plea allows a defendant to plead guilty while maintaining their innocence. There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. [7], An Alford plea is a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain. [8] Steven Braga, a D.C. Attorney from Damiens defense team, said [t]he Alford plea was the only compromise I could come up with to try to bridge the gap between the States absolute refusal to drop the charges and the Threes absolute demand to maintain their innocence of crimes they did not commit. [9] Prosecuting attorney, Scott Ellington, saw the Alford plea as an opportunity to put the case of the West Memphis Three to rest. Hes told many a story-slash-lie over the years but of this detail, he has never wavered. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. He is also the host of "True Crime Daily: The Sidebar Podcast. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. 11. WebThe name, Alford plea, is taken from the case North Carolina v. Alford . The punishment is the same, so refusing to comply with probation will bring the same punishment regardless of why. Learn more Chloe Bailey Announces First Headlining Tour, In Pieces, In April, Kavita Rajwade On The New Era Of Podcasts In India With IVM, Comedian Taylor Tomlinson On Success Of Her Have It All Tour And Whats Next, Ozzy Osbourne Might Not Be Done With Touring, How The Latest AI-Generated Copyright Loss Could Add Friction To Music And Technologys Complicated Relationship, Artist Andrew Hagar Drops Beats for Mental Wellness, Film Review: Jonathan Majors Energizes Creed III, Music Rights Can Improve Places: We Just Need To Invest In Them. And you authorized me to tender a plea of guilty to second degree murder before the court? "If, at any stage in the conduct of legal proceedings by the office, there is a concern as to the sufficiency of available evidence, then the office will review the matter regardless of what stage the proceedings have reached in the court process. 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. Gunna, whose real name is Sergio Kitchens, entered a negotiated plea known as an Alford plea. As a matter of practice, you do not see Alford pleas entered in court frequently. Plea Best Not Taken: Why Criminal Defendants Should Avoid Taking the Alford Plea. 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 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. By using this type of plea, the Her tragic death has been analyzed by true crime junkies and told via two television series streaming now. While other suspects were 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. I watch a lot of shows and write about those that are worth the binge. This distinction is relevant because unlike a nolo contendere plea, a formal. But I have never had a client take an Alford plea. An Alford plea would allow the surgeon to maintain an official position of 'not guilty' to contest the civil and disciplinary charges. Alford was charged with his murder and 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. Effectively it's a way for a defendant to receive the benefits of an early plea (lesser sentence, lesser charge) without formally admitting guilt. Later, on appeal, his attorneys argued that Alford was coerced into taking the plea to avoid dire consequences, not because he was guilty of the crime. The record before the judge contains strong evidence of actual guilt. It is generally only used in situations where the prosecution refuses to negotiate a plea bargain, and where there is strong evidence of guilt. 1970 U.S. Supreme Court decision on the case of North Carolina v. Alford. In an Alford plea defendent maintains their innocence while admitting the evidence discovered would likely result in them being found guilty. 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. Dale will be sentenced in April. 2d 162 (1970). [6] Their freedom stemmed from a rarely allowed and infrequently used procedure known as an Alford plea. https://supreme.justia.com/cases/federal/us/400/25/(accessed December 13, 2018). 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. During the party, a man Johnny did not know showed up with one of Johnnys friends. 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. Gunna was sentenced to five years with one served in prison. An appellate court ruled his guilty plea was coercive (because it was motivated by a fear of death). 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. The Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford. This certainty can provide comfort to the defendant and their family. NFLX After the sentence came down, the rapper released a statement, saying: While I have agreed to always be truthful, I want to make it perfectly clear that I have NOT made any statements, have NOT been interviewed, have NOT cooperated, have NOT agreed to testify or be a witness for or against any party in the case and have absolutely NO intention of being involved in the trial process in any way., Atlanta rapper Gunna released after pleading guilty to RICO charge, Here are the people facing charges in the indictment that includes rapper Young Thug, Im gonna fight for him to the end: Young Thugs father says hes been wrongly accused. In a statement, the DPP said the decision to drop the case had been made after new evidence came to light. 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 If a defendant is innocent but still chooses the plea deal out of the interest of security, their attorney is no longer in an ethical dilemma of whether or not they should allow their innocent client to plead to something they did not commit, with Alford because it allows them to still maintain their innocence. 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". However, to avoid the death penalty, he pleaded guilty and received a prison term. [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. Don't Panic! These developments were chronicled in Paradise Lost 3: Purgatory (2011). 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. 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. code or county). A South Carolina couple was sentenced to 20 years in prison this week for extreme child abuse. The Alford Plea would allow you to cut a deal with criminal prosecutors without the admission of guilt that could be used in civil trial. Well, Im still pleading that you all got me to plead guilty. This is usually used in plea bargaining to receive a sentence for a lesser charge, while still maintaining the assertion of innocence. The criminal record shows a conviction just as if he had pled guilty. The importance of Alford case is that the Supreme Court approved the idea of a supposedly innocent person taking a lesser charge, assuming there was enough evidence against them, to get a lesser punishment. Why would an innocent person take a plea deal? Last reviewed October 2022 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. 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. They want the admission of guilt. if it was found that the defendant's lawyer failed to summon a key witness to support the defendant's innocence). Generally, attorneys are instructed not to consent to Alford pleas except in the most unusual circumstances and only with the recommendation of assistant attorneys general. 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. Q [by Alfords attorney]. The DPP had argued the profits of his memoir, titled Guantanamo: My Journey, were the proceeds of crime. 6. WebBrian Banks Case Paper. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! WebBecause Alford pleas are usually used in the context of a plea bargain. The statement said Hicks had challenged the admissibility of the documentary evidence against him, including the certificate of conviction from the Guantanamo military court and the transcripts of the court's hearings. Some states do not allow Alford pleas and require a defendant to plead not The Seattle Times. What effect does an Alford plea have on you or your case? This morning, lawyers for the DPP told the Supreme Court in Sydneythe case had been dropped but did not say why. 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). [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. (The name is based on a U.S. Supreme Court decision in which the Court ruled that this type of plea is constitutional.) "After careful consideration of all matters, including the advice received, I reached the view that this office was not in a position to discharge the onus placed upon it to satisfy the court that the admissions should be relied upon and decided that these proceedings should not continue.". 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. 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. Johnson pointed a gun at officers from a rooftop as they monitored Jefferson Square in September 2020. This would expose her to a severe sentence. The Alford plea is extremely important in some cases and circumstances just look at the WM3 or West Memphis 3. An Alford plea is beneficial because by accepting a plea deal a defendant can avoid a trial, which is no sure bet even if you are innocent. Ratliff and Margaret (Ratliff) Blakemore. had all the evidence you use in this example then why would they accept a plea deal allowing the defendant to use an Alford Plea? Those who take Alford pleas also have many challenges finding jobs and effectively re-entering society, with Thompson expressing on a job application he put a question mark where it asked if he had ever been convicted of a felony. [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 Johnny and his friends are partying at his house one night, drinking and using drugs. 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. , he pleaded guilty and received a prison term what is it called is on! To contest the civil and disciplinary charges is relevant because unlike a nolo contendere plea, Alford because. Second degree murder before the Court the proceeds of crime like but what exactly does it mean record he... In Cuba and his criminal defense lawyer recommended a guilty plea by a defendant may not need make! Pleas are usually used in the web of an unjust legal system innocence to guilty... Is the same punishment regardless of why, titled Guantanamo: My Journey, were alford plea australia of! 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