CLN s companion publication, PLN, previously reported on their case in December 2012. He is also the host of "True Crime Daily: The Sidebar Podcast. What do you think? 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. 7. There, it may be in a defendants best interests to take an Alford plea. 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/. [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 You can make a conditional plea only with the agreement of the prosecution and the judge, and you should try to get that agreement in writing. The defendant has competent legal representation. 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. The appellate court upheld the conviction, stating that Alford had entered the plea fully understanding what it meant. What I mean is that in the example you use the evidence is overwhelming. From what I understand it's basically when you go to court for something and say "i'm pleading guilty, but i'm not admitting guilt". The Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford. I don't quite understand what it's used for, and why it's not more commonly used. Legal Information Institute. A man named Henry Alford had been charged with first Perhaps the most common alternative is a no contest (nolo contendere) plea. The prosecutor agreed to a guilty plea for second What Does an Innocent Man Have to Do to Go Free? Plead Guilty. ProPublica.com. "I feel like this acknowledges Guantanamo Bay and everything is illegal.". My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? 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. reCAPTCHA and the Google Privacy Policy and NFLX 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. 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. Gunna, whose real name is Sergio Kitchens, entered a negotiated plea known as an Alford plea. 4. 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. 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. This is a BETA experience. The Seattle Times. 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. The defendant will be able to withdraw the guilty or no contest plea if the appeals court agrees that the trial judge was wrong. 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. As it turns out, Johnny is a local drug distributor doling out drugs to local dealers for sales, and paying the wholesaler his cut. Copyright 2023 The University of Alabama Not only can an Alford plea count as a strike in future cases, but if the defendant already has two strikes when he accepts the plea bargain, the strike may affect sentencing on the current case. I always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. 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. You know what it looks like but what is it called? There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. 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. While entering his plea, Alford maintained that he was innocent, 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. "This is a type of plea not [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. [1] In less than a month, three teenagers were arrested for the brutal murders of these three boys. 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. 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. 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. Plea Best Not Taken: Why Criminal Defendants Should Avoid Taking the Alford Plea. Michael Peterson has consistently maintained his innocence in the 2001 death of his wife, Kathleen. The defendant, who had competent counsel, knowingly entered his guilty plea in order to avoid this outcome. 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. State law dictates whether conditional pleas are available, under which circumstances, and whether they are necessary to preserve issues for appeal. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). Essentially, the defendant does not admit the act, but admits that the prosecution could likely prove the charge at trial. 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. Owens on the other hand, took a legal risk and refused the deal, telling his attorney Steven Mercer that he wanted to clear his name and would wait however long it took. If the prosecution has a strong case, or simply is able to pile on a bunch of charges that the defendant cannot or does not want to all defend against in court, then they won't settle for anything less than a full-on guilty-plea. The Alford plea arises from a Supreme Court case where Alford plead guilty to a lesser charge to get a more lenient sentence but later changed his mind and claimed he was innocent, and only plead guilty to avoid the harsher punishment. During the plea 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. 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. This distinction is relevant because unlike a nolo contendere plea, a formal. Her tragic death has been analyzed by true crime junkies and told via two television series streaming now. Copyright 2022, Thomson Reuters. So then there's no plea bargain at all. Copyright Duquesne University School of Laws Juris Magazine 2017. An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. 1063, 1063 (1987). 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. This case remains a mystery with multiple theories as to what happened that night. Tweet. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. Now when we plead guilty, they set us free! Jason Baldwin. The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. 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. The possibility of receiving a lessened sentence is something all defendants inherently desire. 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. As with all plea bargains, an Alford plea is not a right and it is ultimately up to the prosecutor and judge to decide if they will offer it. [12] Alford asserted his innocence, but because of the strong evidence against him, his attorney advised him to plead guilty to a reduced charge. | Data Access Request Although the theory of the Alford plea may seem positive facially, in practice, this plea is often abused or creates negative results from its use. The Director of Public Prosecutions has dropped a case against former Guantanamo Bay inmate David Hicks. 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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 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. Acase was lodged aftera brief was prepared byFederal Police and a family trust into which book sales were being paid was frozen. 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. https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). 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. "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. We often see this happen when a defendant is presented with a very good plea offer from the prosecution, and they realize that the risk of losing at trial and facing dire consequences might be motivation enough to plead to a criminal charge that they maintain they have not committed. In continuance of this idea, defendants will also receive certainty. This certainty can provide comfort to the defendant and their family. Plead Guilty.. Ellington said [i]t certainly was not a perfect resolution to the case for the state but it was much better than having three trials, trying to convince 36 jurors of the defendants guilt using old evidence, failed memories, changed minds, [and] dead witnesses. [10]. When someone is wrongfully convicted, taking an Alford plea may seem like a way out of a tragic situation. They may be able to make an Alford plea, depending on the state where they live. If you would like this removal reviewed, please read the detailed rules first. Continue with Recommended Cookies. | Accessibility. An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. 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. An Alford plea is essentially a no contest plea. Plead Guilty. 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. about FindLaws newsletters, including our terms of use and privacy policy. It's a hail Mary type of plea, usually, to avoid a case going to trial and likely being lost. Generally, if you plead guilty, you get a more lenient sentance than if you pled not guilty and went ahead with a long, costly trial. An Alford plea allows a defendant to plead guilty while maintaining their innocence. 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. Start your free trial today and get unlimited access to America's largest dictionary, with: Alford plea. Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/Alford%20plea. 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. after North Carolina vs. Alford, U.S. Supreme Court case (1970) that sanctioned such a plea. [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. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. [11] Curtis J. Shipley, The Alford plea: A Necessary but Unpredictable Tool for the Criminal Defendant, 72 Iowa L. Rev. Pleading 'guilty' to the criminal charge would effectively mean the civil suit and disciplinary hearing was automatically lost. 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. 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. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. 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. 5. This distinction is relevant because unlike a nolo contendere plea, a formal admission of guilt under an Alford plea can be used against the defendant in future suits. The crime is still on his record and he remains a convicted felon. The criminal record shows a conviction just as if he had pled guilty. 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. WebThe Alford plea allows defendants to maintain their innocence while accepting a 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.". One moose, two moose. This site is protected by | Disclaimer Such pleas may or may not be used against the defendant in future cases, depending on the jurisdiction. To explore this concept, consider the following Alford plea definition. 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). Well, Im still pleading that you all got me to plead guilty. He'd rather take the chance. Press J to jump to the feed. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. 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. What Does an Innocence Man Have to Do to Go Free? Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. 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. So, Alford pleas are generally pretty rare. 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. 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. 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. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! Is Pleading 'No Contest' Different From 'Guilty'? 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