Legal Information Institute. To explore this concept, consider the following Alford plea definition. In Alfords case, there had been enough evidence to build a strong case for his conviction, which would expose him to the death penalty. "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. This concept arises from a Supreme Court case decided in 1970. Copyright Duquesne University School of Laws Juris Magazine 2017. [15] North Carolina v. Alford, 400 U.S. 25, 32, 91 S. Ct. 160, 164 (1970). It's named after a famous U.S. Supreme Court case, but what exactly does it mean? 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. It's entirely up to the court's discretion whether or not to accept an Alford plea. Dale will be sentenced in April. This entails considering the seriousness of the crime, and whether the defendant has a prior history of criminal activity. 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. 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. Caitlin Atwater, Clayton Peterson, Kathleen Peterson, Michael Peterson, Todd Peterson, Martha [+] Ratliff and Margaret (Ratliff) Blakemore. [2] The teenagers were tried and convicted: Damien Echols was sentenced to death, Jason Baldwin and Jesse Misskelley were sentenced to life in prison without the opportunity for parole. 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The record before the judge contains strong evidence of actual guilt. In the law of the United States, an Alford plea is a plea in criminal court. This distinction is relevant because unlike a nolo contendere plea, a formal. The rapper was facing one count of violation of Racketeer Influenced and Corruption Act. Because Alford pleas are usually used in the context of a plea bargain. They want the admission of guilt. 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 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. As it turns out, Johnny is a local drug distributor doling out drugs to local dealers for sales, and paying the wholesaler his cut. 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. "The challenge also relied upon the fact that Mr Hicks entered what is known in the United States as an Alford plea," the statement said. It allows defendants to assert their innocence while acknowledging the prosecution could convict them. 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. A man named Henry Alford had been charged with first 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. ", He explains why a man like Peterson, who maintained his claims of innocence for 16 years, would take such a deal. Since it is a guilty plea, it's likely to show up on background checks. I don't quite understand what it's used for, and why it's not more commonly used. In Alford v. North Carolina, the Supreme Court upheld this special type of plea agreement. 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. Pittsburgh, PA 15282 And you authorized me to tender a plea of guilty to second degree murder before the court? One of the most infamous cases in recent times involving an Alford plea was that of the West Memphis Three. This is usually used in plea bargaining to receive a sentence for a lesser charge, while still maintaining the assertion of innocence. 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. Star Athletica, L.L.C. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. 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. 5. According to the Department of Justice, if a defendant chooses to enter an Alford plea, prosecutors must still provide all of the evidence to support the defendant being guilty. The consent submitted will only be used for data processing originating from this website. 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. Hed lost faith in the criminal justice system. 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 allows the accused to accept a plea bargain for a lesser sentence than he would receive if convicted at trial. The right to appeal based on ineffective assistance of counsel also may be automatic, regardless of whether the plea was conditional. CLN s companion publication, PLN, previously reported on their case in December 2012. Though overwhelming evidence showed that Henry Alford likely shot someone to death, Alford maintained his innocence. 2023. He'd rather take the chance. punishment). 600 Forbes Avenue https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). By using this type of plea, the I don't really understand the example you use unless I've misread or misunderstood. NFLX This case remains a mystery with multiple theories as to what happened that night. We're punishing an innocent person!" What Does an Innocence Man Have to Do to Go Free? 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. So they know he's connected but can't prove its him over the brother without reasonable doubt and so does the dedefendant. Some states do not allow for conditional pleas or allow for them only in certain situations. v. Varsity Brands, Inc. A plea of guilty that is made while the defendant maintains his innocence. The name, Alford plea, is taken from the caseNorth Carolina v. Alford. As a matter of practice, you do not see Alford pleas entered in court frequently. If you believe this was removed erroneously, please use this form and we will review your submission. While other suspects were 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. 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. We're punishing an innocent person!" The Commonwealth has beenordered to pay Hicks's court costs. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. An Alford plea is a kind of request for understanding where a criminal respondent concedes to an offense however at the equivalent keeps up with their blamelessness. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. I wish I could give you more than the upvote I just gave you. An Alford plea allows a defendant to plead guilty while maintaining their innocence. Copyright 2023 The University of Alabama 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. Alford pleas: when the defendant wants to plead guilty without actually admitting to what he did January 08, 2021 Sometimes a defendant wants to plead guilty but he can't (or won't) admit to the crime or to some element of the crime. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). 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. 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. Aggravating and Mitigating Factors in Criminal Sentencing, Withdrawing a Guilty Plea in a Criminal Case, Ineffective Assistance of Counsel in Plea Bargaining, No Contest Pleas, Conditional Pleas, and Alford Pleas in Criminal Cases, Receiving Immunity for Testimony in a Criminal Case, Expungement and Sealing of Criminal Records, The Mental State Requirement in Criminal Cases, Domestic Violence Restraining Orders Laws and Forms: 50-State Survey. 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. This is not something the defendant just does, but something that would be offered as part of a plea bargain after discovery. 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. You know what it looks like but what is it called? They may be able to make an Alford plea, depending on the state where they live. In a majority decision written by Justice White, the court stated that a defendant may use this plea when advised by a competent attorney, and when He concludes his interests required a guilty plea and the record strongly indicates guilt. 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. ProPublica.com. So, Alford pleas are generally pretty rare. If you would like this removal reviewed, please read the detailed rules first. 2d 162 (1970). Gunna, whose real name is Sergio Kitchens, entered a negotiated plea known as an Alford plea. Feuer, Allen. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. (400 U.S. In a statement, the DPP said the decision to drop the case had been made after new evidence came to light. Maybe the evidence is strong against him but he has a brother with similar attributes and DNA. He won't make a deal pleading guilty tho. 68 (2003)1-33. Johnson pointed a gun at officers from a rooftop as they monitored Jefferson Square in September 2020. Rose, Megan. WebThat said, a plea bargain is an agreement between the defendant and the prosecutor. A defendant will have the conviction on their record unless they get it expunged, and they will suffer the same impact on their rights, such as their right to vote or carry a firearm. & Pub. If you have a pending criminal charge, contact the attorneys of Olson Defense at (952) 835-1088. When someone is wrongfully convicted, taking an Alford plea may seem like a way out of a tragic situation. "Accordingly, I have taken advice from the Queen's Counsel from the private bar who has been briefed in the matter and from lawyers within my office. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court he is guilty. The Seattle Times. It is easily forgotten that although the Alford Plea may have a negative legacy, the intentions in which it was created with were positive. [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. Brian Banks was wrongfully convicted of rape because he chooses to take a plea deal, which was the lesser sentence then spending 41 years in prison. In still other states, a defendant may not need to make a conditional plea to preserve an issue. A. 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). Your submission has been removed for the following reason(s): If you don't know how to explain something, don't just guess. Although this plea is more prevalent than jury trials, it is largely unknown to both lay Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. The case eventually made its way to the U.S. Supreme Court, which took on the decision of whether the trial court had committed a constitutional error in accepting Alfords guilty plea, even while he maintained his innocence. A recent case shows how Alford pleas are used in practice. Stay up-to-date with how the law affects your life. The Alford plea gets its name from the United States Supreme Court case, North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. 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. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! According to reports, Alford got into a fight with a man named Nathaniel Young, who later died from a shotgun wound. The sentence was handed down after the pair entered Alford pleas -- often dubbed the "guilty yet innocent" plea. Pleading 'guilty' to the criminal charge would effectively mean the civil suit and disciplinary hearing was automatically lost. He said he was pleased the authorities seemed to have concluded that his conviction at Guantanamo was "unfair" and "obtained through duress". | Privacy Ratliff and Margaret (Ratliff) Blakemore. https://www.law.cornell.edu/wex/alford_plea(accessed December 11, 2018). By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. Now when we plead guilty, they set us free! Jason Baldwin. During the plea hearing, Alford told the judge that he didnt commit the murder, and that he was only entering a plea of guilty to avoid the death penalty. 412.396.6300. Press question mark to learn the rest of the keyboard shortcuts. So the DA decides they don't wanna risk him getting off and since he will not plead guilty this Alford plea was invented. In continuance of this idea, defendants will also receive certainty. If the issue of whether or not the defendant will be charged with a third strike is not addressed directly by the plea bargain, there may be an ugly surprise at sentencing. Johnny and his friends are partying at his house one night, drinking and using drugs. [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. 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. E.g. Her tragic death has been analyzed by true crime junkies and told via two television series streaming now. 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. Henry Alford died in prison, just five years after the High Courts ruling. After a lunch break, Garcia decided to enter an, Post the Definition of Alford plea to Facebook, Share the Definition of Alford plea on Twitter, More than 250,000 words that aren't in our free dictionary, Expanded definitions, etymologies, and usage notes. Two of the defendants, Jason Baldwin Visit our attorney directory to find a lawyer near you who can help. 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. Netflix There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. 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. 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. 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". This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. There, it may be in a defendants best interests to take an Alford plea. In its real effect, it acts as a guilty plea and a conviction. Well, Im still pleading that you all got me to plead guilty. 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. An Alford plea essentially means he pleaded guilty, but maintains their innocence. Thompson, a desperate man who had served nearly 20 years in prison, took the plea and walked out of prison that same day(4). An Alford plea allows a defendant to plead guilty while maintaining their innocence. A few states like New Jersey and Indiana expressly forbid Alfred pleas. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! 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. An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. 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. has its version, a 13-episode documentary series, and HBO Max has the scripted version starring Toni Collette and Colin Firth. When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. The rare plea serves as a final resort to avoid trial or a severe sentence for those who are indeed guilty. [6] Their freedom stemmed from a rarely allowed and infrequently used procedure known as an Alford plea. 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. 1063, 1063 (1987). [20], [1] https://famous-trials.com/westmemphis/2287-home, [7] https://www.tjsl.edu/the-jeffersonian/news/2011/09/west-memphis-three-and-their-alford-plea, [8] https://www.merriam-webster.com/dictionary/Alford%20plea, [9] https://www.tjsl.edu/the-jeffersonian/news/2011/09/west-memphis-three-and-their-alford-plea. Others feel he is an innocent man caught in the web of an unjust legal system. More often than not, a defendant who accepts a plea bargain will plead guilty to a charge. What effect does an Alford plea have on you or your case? Some states do not allow Alford pleas and require a defendant to plead not He later sued the State for the 21 years he spent wrongfully imprisoned and was awarded a settlement of 9 million dollars. 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. In 2003, Peterson was convicted of first-degree murder and sentenced to life in prison. a grossly culpably negligent surgeon kills his patient on the operating table. 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. It also details his years inGuantanamo Bay in Cuba and his conviction for supporting terrorism. Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. What Does an Innocent Man Have to Do to Go Free? 644 Words3 Pages. "This is a type of plea not 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. 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. 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. 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. What Does an Innocent Man Have to Do to Go Free? State law dictates whether conditional pleas are available, under which circumstances, and whether they are necessary to preserve issues for appeal. Copyright 2022, Thomson Reuters. In most cases, the prosecution has no incentive to accept an Alford plea as part of such a deal. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! WebOther articles where Alford plea is discussed: West Memphis Three: Paradise Lost and prison release: maneuver is known as an Alford plea. After being captured in Afghanistan and being held in Guantanamo Bay in 2001, the 35-year-old pleaded guilty to providing material support for terrorism. 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. Hisbook is thought to have sold about 30,000 copies. Somewhat disturbingly, a common use case will be if the defendant knows they are guilty innocent, but they also recognize that there is a lot of evidence that suggests their guilt, and no other suspects. This morning, lawyers for the DPP told the Supreme Court in Sydneythe case had been dropped but did not say why. The criminal record shows a conviction just as if he had pled guilty. Gunna was sentenced to five years with one served in prison. Otherwise, a no contest plea functions similarly to a guilty plea. The Supreme Court took up the case to allow for these circumstances. To save this word, you'll need to log in. The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. 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. 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). 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. I watch a lot of shows and write about those that are worth the binge. There are some exceptions in some states, especially when the defendants crime was a felony. [1] In less than a month, three teenagers were arrested for the brutal murders of these three boys. Entirely up to the Court 's discretion whether or not to accept an Alford plea was created in 1970 at. His years inGuantanamo Bay in 2001, the DPP told the Supreme Court case, but maintains innocence. Consider the following Alford plea in 1994 to receive a sentence for a lesser charge contact... Two television series streaming now prove its him over the brother without reasonable doubt and so does the dedefendant after... All got me to tender a plea bargain plea and a conviction he 's but... 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