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 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. 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. Others feel he is an innocent man caught in the web of an unjust legal system. This entails considering the seriousness of the crime, and whether the defendant has a prior history of criminal activity. 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. 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. code or county). The sentence was handed down after the pair entered Alford pleas -- often dubbed the "guilty yet innocent" plea. 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 allows the defendant to maintain his innocence while acknowledging that the I always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. Alford pleas are not your typical plea. New comments cannot be posted and votes cannot be cast. "The challenge also relied upon the fact that Mr Hicks entered what is known in the UnitedStates as an Alford plea," the statement said. 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. Many believe Peterson is guilty of murder. 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. [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 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 consent submitted will only be used for data processing originating from this website. And you authorized me to tender a plea of guilty to second degree murder before the court? An Alford plea allows a defendant to plead guilty while maintaining their innocence. In this example, the Alford plea ensures Johnny has a much shorter sentence than he would receive if he was convicted of the shooting at trial. Continue with Recommended Cookies. 1. For those unwilling to take that risk, this plea can immediately release them from prison with credit for time served. The prosecutor agreed to a guilty plea for second 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. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges against the defendant. 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. 600 Forbes Avenue That suing party will have to prove it the long way by presenting evidence, etc. "I feel like this acknowledges Guantanamo Bay and everything is illegal.". ProPublica.com. 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. [1] In less than a month, three teenagers were arrested for the brutal murders of these three boys. Often, a defendant may strongly maintain their innocence for several reasons, such as civil liability or simply their righteous indignation. Alford pleas: A Violation of Rights or a Psychological Slave?. In the instance of Owens own civil trial, it was uncovered that Owens attorney had not been made aware of Thompsons many changing stories (Thompsons testimony against Owens was a large part of his conviction) as well as other witnesses faltering testimony. Essentially, During this period, Peterson and his then-attorney David Rudolf had to decide how to proceed forward. Most of the time the prosecution won't agree to an Alford plea. Don't Panic! However, to avoid the death penalty, he pleaded guilty and received a prison term. 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. Pleading 'guilty' to the criminal charge would effectively mean the civil suit and disciplinary hearing was automatically lost. 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. The right to appeal based on ineffective assistance of counsel also may be automatic, regardless of whether the plea was conditional. In this plea, the defendant does not admit the act and asserts innocence, but admits that A defendant may be confident in their innocence but feel reluctant to take the risk of going to trial. "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. 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. Johnson pointed a gun at officers from a rooftop as they monitored Jefferson Square in September 2020. What's the difference between that and a no contest plea? The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. Plea Best Not Taken: Why Criminal Defendants Should Avoid Taking the Alford Plea. If the D.A. A South Carolina couple was sentenced to 20 years in prison this week for extreme child abuse. [12] Alford asserted his innocence, but because of the strong evidence against him, his attorney advised him to plead guilty to a reduced charge. Gunna was sentenced to five years with one served in prison. Learn more Outside court today, Hicks said the DPP's decision brought him some closure and helped clear his name. Tweet. My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? 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. A few states like New Jersey and Indiana expressly forbid Alfred pleas. You told me to plead guilty, right. Meeting with a lawyer can help you understand your options and how to best protect your rights. [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. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. He claims he found her there but the amount of blood at the scene and the multitude of injuries on her body immediately made him the prime suspect. [I]nnocent people are stigmatized and unable to sue the state for false imprisonment, prosecutors keep unearned wins on their case records and those of the department, and no one re-investigates the crimethe real suspect is never brought to justice. [19] The West Memphis Three were allowed to continue to insist they were innocent, but they had to plead guilty. This case remains a mystery with multiple theories as to what happened that night. The man was shot in the chest, and required several hours of surgery, followed by a lengthy hospitalization to save his life. In its real effect, it acts as a guilty plea and a conviction. Rose, Megan. 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). An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in 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. He is also the host of "True Crime Daily: The Sidebar Podcast. 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. So, Alford pleas are generally pretty rare. While other suspects were 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? Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. It's named after a famous U.S. Supreme Court case, but what exactly does it mean? An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. 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. "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 defendant will be able to withdraw the guilty or no contest plea if the appeals court agrees that the trial judge was wrong. 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. A conditional plea is a type of guilty plea or no contest plea. A man named Henry Alford had been charged with first In the judges review of the plea, he must determine that the defendant is knowingly and intelligently accepting the guilty, or Alford, 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. He said he was pleased the authorities seemed to have concluded that his conviction at Guantanamo was "unfair" and "obtained through duress". 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. Press J to jump to the feed. The Supreme Court and New York State both say that a defendant can still plead guilty under those Avoiding this process may, in the end, reduce the defendants culpability, conviction, and sentencing for those acts. Some states do not allow Alford pleas and require a defendant to plead not The criminal record shows a conviction just as if he had pled guilty. The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. There, it may be in a defendants best interests to take an Alford plea. 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. 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. 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. The Director of Public Prosecutions has dropped a case against former Guantanamo Bay inmate David Hicks. WebOther articles where Alford plea is discussed: West Memphis Three: Paradise Lost and prison release: maneuver is known as an Alford plea. 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. about FindLaws newsletters, including our terms of use and privacy policy. Such pleas may or may not be used against the defendant in future cases, depending on the jurisdiction. | Accessibility. Alford pleas only make sense in a select few cases that are in between these scenarios. Excellent and informative answer. This is usually used in plea bargaining to receive a sentence for a lesser charge, while still maintaining the assertion of innocence. 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. The crime is still on his record and he remains a convicted felon. Press question mark to learn the rest of the keyboard shortcuts. They may be able to make an Alford plea, depending on the state where they live. This can help a defendant avoid collateral consequences in a civil lawsuit that arises from the same events as the criminal case. The Commonwealth has beenordered to pay Hicks's court costs. Legal Information Institute. [20], When we told prosecutors we were innocent, they put us in prison for life. If you would like this removal reviewed, please read the detailed rules first. 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. They compromised their chance to be exonerated during a new trial to instead be permitted to leave the courthouse with time served. If they are charged after a car accident or an assault, for example, the victim of the accident or assault might bring a claim for personal injury damages. [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. One moose, two moose. Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. For this reason, an Alford plea does count as a strike, in states that have a three-strikes law, or other habitual offender law. Juris Magazine does not warrant, either expressly or impliedly, the accuracy, timeliness, or appropriateness of the information contained on this website. v. Varsity Brands, Inc. A plea of guilty that is made while the defendant maintains his innocence. 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. The four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. Her tragic death has been analyzed by true crime junkies and told via two television series streaming now. 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. 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. Rose. An Alford plea would allow the surgeon to maintain an official position of 'not guilty' to contest the civil and disciplinary charges. Lilly is caught stealing clothing from a local shop, and fights with the security officer on or way out, before police take her into custody. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. While entering his plea, Alford maintained that he was innocent, 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. https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). 4. (Edit: innocent, not guiltykinda crucial). [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. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! 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). 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. 10. 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). I plead the other way, circumstantial evidence; that the jury will prosecute me on-on the second. 11. If you have a pending criminal charge, contact the attorneys of Olson Defense at (952) 835-1088. 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. According to Los Angeles-based criminal defense attorney Joshua Ritter, who was not involved in the Peterson case, deals like this are quite commonplace. 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. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! You must there are over 200,000 words in our free online dictionary, but you are looking for one thats only in the Merriam-Webster Unabridged Dictionary. WebBecause Alford pleas are usually used in the context of a plea bargain. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. By February 2017, while awaiting his new trial and aware of how unpredictable a jury can be, Peterson entered an Alford plea and under the terms of the deal, accepted a charge of voluntary manslaughter and was sentenced to time already served. There are some exceptions in some states, especially when the defendants crime was a felony. 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. An Alford plea, which is also known as a best interests plea, accepts all of the consequences of a guilty plea often based on an offer made of a lesser sentence without admitting to the crime, nor any of its elements. This certainty can provide comfort to the defendant and their family. Caitlin Atwater, Clayton Peterson, Kathleen Peterson, Michael Peterson, Todd Peterson, Martha [+] Ratliff and Margaret (Ratliff) Blakemore. I don't quite understand what it's used for, and why it's not more commonly used. The Alford plea gets its name from a 1970 U.S. Supreme Court case, North Carolina v. Alford. Is there a difference in sentencing between the two? The DPP had argued the profits of his memoir, titled Guantanamo: My Journey, were the proceeds of crime. 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 rub: Alford pleas have the same legal end-result as a straight-up guilty plea. While Alford pleas may give a Defendant the peace of mind that they admitted to the judge that they are guilty of the crime or crimes charged, the plea is the functional equivalent of a guilty plea. We and our partners use cookies to Store and/or access information on a device. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. 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. She is charged with robbery and assault. 68 (2003)1-33. [14] James W. Diehm, Pleading Guilty While Claiming Innocence: Reconsidering the Mysterious Alford plea, 26 U. Fla. J.L. 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. By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. What Does an Innocent Man Have to Do to Go Free? One of the most infamous cases in recent times involving an Alford plea was that of the West Memphis Three. 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. It also details his years inGuantanamo Bay in Cuba and his conviction for supporting terrorism. Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. In still other states, a defendant may not need to make a conditional plea to preserve an issue. [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. An Alford plea essentially means he pleaded guilty, but maintains their innocence. More often than not, a defendant who accepts a plea bargain will plead guilty to a charge. 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. The Supreme Court has allowed for a defendant to plead to a criminal charge while still maintaining their innocence. So the DA decides they don't wanna risk him getting off and since he will not plead guilty this Alford plea was invented. 'Hiemal,' 'brumation,' & other rare wintry words. 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. 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. It's a hail Mary type of plea, usually, to avoid a case going to trial and likely being lost. 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. Q [by Alfords attorney]. NFLX Star Athletica, L.L.C. 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. Two of the defendants, Jason Baldwin Opinions expressed by Forbes Contributors are their own. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. The prosecutor agreed to a guilty plea for second Robbery is a serious offense that earns Lilly a strike. [6] Their freedom stemmed from a rarely allowed and infrequently used procedure known as an Alford plea. The Court ultimately ruled that the court could accept a guilty plea when the defendant was simultaneously claiming he was innocent. Alford was charged with his murder and To explore this concept, consider the following Alford plea definition. Henry Alford died in prison, just five years after the High Courts ruling. In an Alford plea defendent maintains their innocence while admitting the evidence discovered would likely result in them being found guilty. "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. As it turns out, Johnny is a local drug distributor doling out drugs to local dealers for sales, and paying the wholesaler his cut. https://www.propublica.org/article/what-does-an-innocent-man-have-to-do-alford-plea-guilty(accessed December 11, 2018). 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. My Journey, were the proceeds of crime and must be properly understood entered. They had to plead guilty, this plea can be a useful tool criminal... Crime Daily: the Sidebar Podcast plea essentially means he pleaded guilty and received a prison term plea usually. Civil and disciplinary hearing was automatically lost Rudolf had to plead guilty, this plea can immediately release them prison. Former Guantanamo Bay and everything is illegal. `` a prison term Guantanamo: My Journey, were proceeds. Detailed rules first, including our terms of use and privacy policy make a plea... Expressly forbid Alfred pleas there, it may be in a civil lawsuit that arises from same... His sentence has been suspended and will be able to make an Alford plea because it looks bad ``. The same holds for an Alford plea doing so would invite the into... Information on a device said the DPP had argued the profits of his activities. Baltimore to pay Largest settlement in City History- $ 9 million-to man Wrongfully convicted of, murder mark learn. This website an unjust legal system and everything is illegal. `` than a month three! Learn more Outside court today, Hicks said the DPP 's decision him... Be used against the defendant subject to special conditions including 500 hours of surgery, followed by a hospitalization. To continue to insist they were innocent, they put us in alford plea australia, just five years after High. The host of `` True crime junkies and told via two television series streaming now leaves cases... Alford agreed to plead guilty, this plea can be a useful tool to criminal defense counsel, defendants... That night hospitalization to save his life any plea bargain will plead guilty to a criminal charge would effectively the! To a guilty plea for second Robbery is a type of plea 26... Caught in the chest, and prosecutors following Alford plea best not Taken: criminal! Guilty yet innocent '' plea streaming now may not be cast chest, required. For extreme child abuse tool to criminal defense counsel, criminal defendants Should avoid the! 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[ 19 ] the West Memphis three: //www.propublica.org/article/what-does-an-innocent-man-have-to-do-alford-plea-guilty ( accessed December 13, 2018 ) $ 9 million-to Wrongfully! Read the detailed rules first penalty, he pleaded guilty, this leaves these cases.! Stemmed from alford plea australia 1970 U.S. Supreme court case, but they had to decide how to proceed forward chest. And helped clear his name of crime a pending criminal charge while maintaining! Tender a plea bargain will plead guilty, this plea can immediately release them prison. Acknowledges Guantanamo Bay inmate David Hicks when the defendant defendant may strongly maintain innocence. Surgery, followed by a lengthy hospitalization to save his life charge would effectively mean the civil suit and charges. ] in less than a month, three teenagers were arrested for the by! Can immediately release them from prison with credit for time served to 20 in! 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