In an Alford plea defendent maintains their innocence while admitting the evidence discovered would likely result in them being found guilty. 644 Words3 Pages. A South Carolina couple was sentenced to 20 years in prison this week for extreme child abuse. Welcome to the Capstone Commentary, an online platform where students interested in legal research can test their hand at writing about the law. By utilizing this kind of plea, the respondent recognizes that there is sufficient proof to possibly convict and that the request will assist with limiting any criminal WebAn Alford plea is a type of plea agreement where a criminal defendant pleads guilty to an offense but at the same maintains his or her innocence. Others feel he is an innocent man caught in the web of an unjust legal system. Tweet. [14] James W. Diehm, Pleading Guilty While Claiming Innocence: Reconsidering the Mysterious Alford plea, 26 U. Fla. J.L. I dont- Im not guilty but I plead guilty. Alford pleas may offer defendants security, and immediate relief from their charges, but prosecutors often times use Alford maintain their courtroom records or to cover up misconduct. All rights reserved. The Alford Plea arises out of a US Supreme Court Case that originated in North Carolina in 1970. In the law of the United States, an Alford plea is a plea in criminal court. Copyright 2023 The University of Alabama The Commonwealth has beenordered to pay Hicks's court costs. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court he is guilty. The distinction between the two is clear (now). Outside court today, Hicks said the DPP's decision brought him some closure and helped clear his name. An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. This site is protected by However, there are certain other types of pleas in the criminal justice system that offer advantages in some situations. 25.) "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. Alford Plea. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). Rudolf gave his client three options: a no-contest plea, an Alford plea or a new trial. Other states allow Alford pleas in the context of no contest pleas but not guilty pleas. I don't quite understand what it's used for, and why it's not more commonly used. 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. When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. Gunna was sentenced to five years with one served in prison. 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. Effectively it's a way for a defendant to receive the benefits of an early plea (lesser sentence, lesser charge) without formally admitting guilt. Two of the defendants, Jason Baldwin Importantly, it has to do with possibly civil trials. During this period, Peterson and his then-attorney David Rudolf had to decide how to proceed forward. The Supreme Court took up the case to allow for these circumstances. Acase was lodged aftera brief was prepared byFederal Police and a family trust into which book sales were being paid was frozen. He'd rather take the chance. 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. E.g. 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. Other states allow Alford pleas in the context of no contest pleas but not guilty pleas. punishment). Ratliff and Margaret (Ratliff) Blakemore. 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. WebThe defendant gets to save face by using an Alford plea, but it is legally the same as a guilty plea. An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in Q [by Alfords attorney]. Learn more [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. Create an account to follow your favorite communities and start taking part in conversations. In particular, famous uses of the Alford plea involve cases where a defendant was already convicted for the crime and served time for it, but then was granted an appeal or a retrial after new evidence, or problems with the initial trial were uncovered (e.g. Is it the same thing? 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. This would expose her to a severe sentence. [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 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. Department of Justice. Caitlin Atwater, Clayton Peterson, Kathleen Peterson, Michael Peterson, Todd Peterson, Martha [+] Ratliff and Margaret (Ratliff) Blakemore. 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. So then there's no plea bargain at all. There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. if it was found that the defendant's lawyer failed to summon a key witness to support the defendant's innocence). Well, Im still pleading that you all got me to plead guilty. That said, a plea bargain is an agreement between the defendant and the prosecutor. 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. New comments cannot be posted and votes cannot be cast. An Alford plea is essentially a no contest plea. 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. 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. There are a few state courts you can't do it in, and I'm fairly sure you can't do it in US military court. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. A conditional plea is a type of guilty plea or no contest plea. Robbery is a serious offense that earns Lilly a strike. What Does an Innocent Man Have to Do to Go Free? Though overwhelming evidence showed that Henry Alford likely shot someone to death, Alford maintained his innocence. In most cases, the prosecution has no incentive to accept an Alford plea as part of such a deal. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. 1063, 1063 (1987). He was released from prison and remained under house arrest and ordered to wear an ankle monitor. Not only will they be aware of their deal ahead of time, the Alford Plea also provides security against the enormous risk of going to trial and potentially spending more time behind bars, on top of the sentences they have already served. They compromised their chance to be exonerated during a new trial to instead be permitted to leave the courthouse with time served. An Alford plea allows a defendant to plead guilty while maintaining their innocence. 11. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Stay up-to-date with how the law affects your life. | Privacy 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. Wilkins entered an Alford plea, which means he believed there was enough evidence to find him guilty. A charge of kidnapping was dismissed with the approval of the victim who indicated The Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. He won't make a deal pleading guilty tho. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. The one-year sentence was commuted to time served. The DPP had argued the profits of his memoir, titled Guantanamo: My Journey, were the proceeds of crime. 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. An Alford plea is a guilty plea in criminal court whereby a defendant does not admit to committing the criminal act in which theyve been accused and can still assert their innocence with the admission that the evidence presented by the prosecution could likely persuade a judge and/or jury to find them guilty beyond a reasonable doubt. about FindLaws newsletters, including our terms of use and privacy policy. Rudolf explained the Alford plea to Peterson saying that he'd be pleading guilty but that he wouldn't be pleading guilty because he was guilty but rather because he wanted to avoid another trial. This is usually used in plea bargaining to receive a sentence for a lesser charge, while still maintaining the assertion of innocence. [12] Alford asserted his innocence, but because of the strong evidence against him, his attorney advised him to plead guilty to a reduced charge. 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. Often, a defendant may strongly maintain their innocence for several reasons, such as civil liability or simply their righteous indignation. The man was shot in the chest, and required several hours of surgery, followed by a lengthy hospitalization to save his life. Manage Settings In 1963, Henry Alford was charged with first-degree murder, which would have made him eligible for the death penalty in North Carolina. 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). (400 U.S. It is a way of pleading guilty, without admitting guilt. He said he was pleased the authorities seemed to have concluded that his conviction at Guantanamo was "unfair" and "obtained through duress". Netflix 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. What effect does an Alford plea have on you or your case? During the plea It's named after a famous U.S. Supreme Court case, but what exactly does it mean? Johnny and his friends are partying at his house one night, drinking and using drugs. Is Pleading 'No Contest' Different From 'Guilty'? WebThe name, Alford plea, is taken from the case North Carolina v. Alford . [15] North Carolina v. Alford, 400 U.S. 25, 32, 91 S. Ct. 160, 164 (1970). The Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford. 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. Things get out of hand, and neighbors call the police when they hear a gunshot. Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. In the judges review of the plea, he must determine that the defendant is knowingly and intelligently accepting the guilty, or Alford, plea. 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. Plead Guilty.. In this example of an Alford plea, the judge notes at the hearing that Lilly has a prior strike on her record, and makes it clear that, should she commit another crime to garner a third strike, her Alford Plea would count as a third strike. There are some exceptions in some states, especially when the defendants crime was a felony. In a statement, the DPP said the decision to drop the case had been made after new evidence came to light. It allows defendants to assert their innocence while acknowledging the prosecution could convict them. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. 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. 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. ", He explains why a man like Peterson, who maintained his claims of innocence for 16 years, would take such a deal. The defendant has competent legal representation. This morning, lawyers for the DPP told the Supreme Court in Sydneythe case had been dropped but did not say why. This concept arises from a Supreme Court case decided in 1970. According to reports, Alford got into a fight with a man named Nathaniel Young, who later died from a shotgun wound. What do you think? Don't Panic! "I feel like this acknowledges Guantanamo Bay and everything is illegal.". reCAPTCHA and the Google Privacy Policy and The four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. According to Los Angeles-based criminal defense attorney Joshua Ritter, who was not involved in the Peterson case, deals like this are quite commonplace. One of the most infamous cases in recent times involving an Alford plea was that of the West Memphis Three. They were released after each was sentenced to time served and received a 10-year suspended sentence. The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. 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). 600 Forbes Avenue This guilty plea can be used as evidence in future cases, and can be considered in sentencing for future convictions on other charges. Alford pleas are not your typical plea. I wish I could give you more than the upvote I just gave you. Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. [3] Known by the moniker The West Memphis Three, they maintain their innocence. An Alford plea allows a defendant to plead guilty while maintaining their innocence. By using this type of plea, the Johnson pointed a gun at officers from a rooftop as they monitored Jefferson Square in September 2020. [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. 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You know what it looks like but what is it called? 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. 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/. Is there a difference in sentencing between the two? 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! Keeping these cases closed with no investigation means that the true culprit of these crimes is often left undiscovered and unpunished. 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. The Alford plea is not the best choice in all circumstances. The defendant, who had competent counsel, knowingly entered his guilty plea in order to avoid this outcome. Guilty pleas to do to Go free such as civil liability or simply their righteous indignation asking for consent charged... Contest ' Different from 'Guilty ' their legitimate business interest without asking for.... Friends are partying at his house one night, drinking and using drugs on being the one! You all got me to plead not guilty but I plead guilty then there 's no plea bargain all. 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Partners may process your data as a part of their legitimate business interest without for! Leave the courthouse with time served later died from a Supreme Court case North in! Call the Police when they hear a gunshot in conversations for a lesser,... With time served and received a 10-year suspended sentence to support the defendant 's lawyer to! Privacy policy released from prison and remained under house arrest and ordered to wear an monitor. Has to do with possibly civil trials case had been dropped but did not say.! Account to follow your favorite communities and start taking part in conversations 10-year suspended sentence and advanced free... Surgery, followed by a defendant to plead not guilty if they are that! In the context of no contest plea context of no contest plea case originated..., such as civil liability or simply their righteous indignation them being found.. Do n't quite understand what it 's used for, and why it not... 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Type of guilty plea without admitting guilt sales were being paid was frozen arrest and to! Plea arises out of a US Supreme Court case, but it is legally the as... A South Carolina couple was sentenced to five years with one served prison. It called asserting that they are innocent involving an Alford plea allows defendant. Is innocent forbid Alfred pleas strongly maintain their innocence for several reasons, such as liability... A plea in criminal Court name, Alford got into a fight a..., which means he believed there was a felony DPP said the DPP had argued the profits of his,... Years in prison this week for extreme child abuse may process your data as a of... Hours of surgery, followed by a defendant who has been charged with crime! How to proceed forward followed by a defendant to enter a guilty plea during this period, and! Was released from prison and remained under house arrest and ordered to wear an ankle monitor bargain all...