Star Athletica, L.L.C. The Alford Plea: A Mysterious Criminal Procedure Device [24] The defendant maintains a claim of innocence, but agrees to the entry of a conviction in the charged crime. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. 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. https://www.law.cornell.edu/wex/alford_plea(accessed December 11, 2018). The History of the Alford Plea The Alford plea is named after the U.S. Supreme Court case, North Carolina v. Alford, from 1970. Alford Plea. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder (5). Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. Appearing in court, the rapper affirmed a series of statements presented by the prosecution, most . The punishment is the same, so refusing to comply with probation will bring the same punishment regardless of why. An Alford plea allows defendant to plead guilty even while unable or unwilling to admit guilt. The Court of Appeals, on an appeal from a denial of a writ of habeas corpus, found that appellees guilty plea was involuntary because it was motivated principally by fear of the death penalty. An Alford plea is a guilty plea in which a defendant maintains their innocence and does not admit to the criminal act they are accused of, but admits that the prosecution has sufficient evidence to persuade a judge or jury to find the defendant guilty, and thus agrees to be treated as guilty. From the case of Kennedy v.Frazier, 178 W.Va. 10, 357 S.E.2d 43 (1987), in which the procedure was upheld by the Supreme Court of Appeals of West Virginia.. Noun []. Alford plea - Wikipedia [13] Sources disagree, as may differing states' laws, as to what category of plea the Alford plea falls under: Some sources state that the Alford guilty plea is a form of nolo contendere, where the defendant in the case states "no contest" to the factual matter of the case as given in the charges outlined by the prosecution. He donated all of the proceeds to charity. [18] He emphasizes that when allowing these pleas, "trial counsel should establish as strong a factual basis as possible", in order to minimize the possible negative outcomes to "the public's perception of the administration of justice within the military".[18]. 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. "What Is an Alford Plea?" Pp. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. 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. 262. Importance and Purpose of Plea Agreement Advisements. The ability to challenge issues on appeal is not unfettered. [21] Drennan commented, "We have lots of laws, but human interaction creates unique circumstances and the law has to adapt. [19] The death penalty was the default sentence by North Carolina law at the time, if two requisites in the case were satisfied: the defendant had to have pleaded not guilty, and the jury did not instead recommend a life sentence. English This would expose her to a severe sentence. 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. 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. The Court allowed the guilty plea along with a plea of innocence only because there was enough evidence to show that the prosecution had a strong case for a conviction, and the defendant was entering such a plea to avoid this possible sentencing. defendant must provide factual basis for the plea. [18][20] Alford was sentenced to 30 years in prison after the trial judge accepted the plea bargain and ruled that the defendant had been adequately advised by his defense lawyer. The other two counts were dismissed. What Does an Innocence Man Have to Do to Go Free? In some cases, a "conditional plea" may be entered by a . 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. Nolo contendere is a latin phrase that essentially means "I do not wish to contend.". If you continue to use this site we will assume that you are happy with it. [19] The Court ruled that the defendant can enter such a plea "when he concludes that his interests require a guilty plea and the record strongly indicates guilt. Together, they are in the best position to properly weigh what the impact his decision, and the resulting conviction, will have upon himself and his family," writes Walburn. To reiterate, during plea bargaining, the defendant may plead guilty in exchange for less serious charges or a lighter sentence. The information here may be outdated and links may no longer function. Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud. Although there were no witnesses to . The cookie is used to store the user consent for the cookies in the category "Other. The Alford Plea: Do the Cons Outweigh the Pros? An Alford plea essentially acts as a guilty plea, but does not require the defendant to actually admit that they committed the crime. Supreme Court Justice Byron White wrote the majority decision,[22] which held that for the plea to be accepted, the defendant must have been advised by a competent lawyer who was able to inform the individual that his best decision in the case would be to enter a guilty plea. HBO Staircase: What is an Alford plea? Legal term explained | Raleigh 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. 'The Staircase': A Defense Attorney Explains Why Michael - Forbes What is an Alford plea in North Carolina? "[21] He said of the Supreme Court case, "They had to make a decision about what to do. Plea - Definition, Examples, Cases, Processes - Legal Dictionary An Alford plea is just like any other guilty plea, except that the defendant is not required to admit guilt in open court . The plea gets its name from the 1970 case North Carolina v. Alford, in which the defendant, Henry Alford, pleaded guilty to second-degree murder in order to avoid capital punishment for the crime he was initially charged with - first degree murder. How chemistry is important in our daily life? Alford plea: [noun] a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain see also alford doctrine , nolo contendere. Nolo pleas are no contest pleas. : a legal doctrine under which a criminal defendant who does not admit guilt is allowed to plead guilty as part of a plea bargain provided the plea is made voluntarily and with knowledge of the consequences The Alford doctrine provides that a court may accept a knowing and voluntary plea of guilty from a defendant. An Alford Plea (also called a Kennedy plea in West Virginia) is considered a guilty plea in criminal court but the accused reasserts their innocence. Keeping these cases closed with no investigation means that the true culprit of these crimes is often left undiscovered and unpunished. [21], The case was then appealed to the U.S. Supreme Court. In that case, the defendant was indicted for first-degree murder. The possibility of receiving a lessened sentence is something all defendants inherently desire. allocution hearing / allocute. Acceptance of Alford Guilty Pleas | UNC School of Government 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. This is similar to a plea of no contest, or nolo contendere, in that it moves the case past the trial component, straight to sentencing. Analytical cookies are used to understand how visitors interact with the website. If you agree to plead guilty for a crime that you say you didnt commit, youre using an Alford plea. | Privacy What was the death penalty in North Carolina? "[34], The U.S. Heres how it works in court in fact, its named after the man described below. 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. At the time, Alford argued that his plea was "involuntary because its principal motivation was . He pleaded guilty to second degree murder so as to avoid the death penalty. This plea involves accepting the violations as charged along with all of the associated penalties without admitting guilt. Alford Vs. Nolo Pleas | WinIt App [26] Defendants usually enter an Alford guilty plea if they want to avoid a possible worse sentence were they to lose the case against them at trial. If youve been accused of a crime, even if you havent been formally charged, we may be able to help you. This cookie is set by GDPR Cookie Consent plugin. In other words, an Alford plea is the same as pleading guilty while also claiming to be innocent. You cannot later change your mind and you cannot sue for damages. We're punishing an innocent person!" So, Alford pleas are generally pretty . The defendant pled guilty to second-degre murder to avoid the death penalty, but still vocalized his . The Federal District Court of Appeals then ruled that Alfords plea was made involuntarily, citing the defendants statement of, I just pleaded guilty because they said if I didnt, they would gas me for it.. The Pitfalls of the Alford Plea Understanding the exact nature of each plea is an important requirement for any person charged with a crime who is considering a negotiated disposition. 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. Rose, Megan. Essentially, the defendant does not admit the act, but admits that the prosecution could likely prove the charge at trial. [15][18] In 2000, the United States Department of Justice noted, "In an Alford plea the defendant agrees to plead guilty because he or she realizes that there is little chance to win acquittal because of the strong evidence of guilt. Overview and Explanation of an Alford Plea - ThoughtCo Once the not guilty plea is entered, the court will set deadlines for filing and answering motions, schedule any evidentiary hearings and, in some cases, select a date . 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. Alford Plea Law and Legal Definition | USLegal, Inc.
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