CLN s companion publication, PLN, previously reported on their case in December 2012. 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. The effect of an Alford plea includes the obvious benefit of a getting a break on a potentially severe sentence; it may also serve to protect the defendant from being charged with other related crimes. The Alford Plea: Do the Cons Outweigh the Pros. 6. North Carolina laws stated that at the time, capital punishment was the default for this crime if the defendant plead not guilty and the jury did not suggest life imprisonment. What Does an Innocence Man Have to Do to Go Free? 25.) ", He explains why a man like Peterson, who maintained his claims of innocence for 16 years, would take such a deal. (400 U.S. For 18 years, Damien, Jason, and Jesse sat behind bars, having appeal after appeal denied. [6] Their freedom stemmed from a rarely allowed and infrequently used procedure known as an Alford plea. 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. My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? 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. State prosecutors insisted to both men that they still had enough evidence to keep them on the murder convictions, and if they went to trial they would remain locked up. While entering his plea, Alford maintained that he was innocent, but pleading guilty due to the threat of the death penalty, according to the Legal Information Institute at Cornell University. Create an account to follow your favorite communities and start taking part in conversations. In the law of the United States, an Alford plea is a plea in criminal court. If you would like this removal reviewed, please read the detailed rules first. instructed not to consent to Alford pleas, Seattle man enters Alford plea to 2011 crash that killed couple. In Alford v. North Carolina, the Supreme Court upheld this special type of plea agreement. Acase was lodged aftera brief was prepared byFederal Police and a family trust into which book sales were being paid was frozen. 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. Guilty Plea With No Admission of Guilt Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. 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. 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. 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. Hicks's book was released last year and covers everything from hislife in Adelaide to his training with fundamentalist Islamic armed forces. The U.S. Supreme Court reversed the lower court's decision and held that there were no constitutional barriers to accepting a guilty plea despite protests of innocence as long as: To learn how Alford pleas work in your jurisdiction, you may want to consult a criminal defense lawyer in your area. Pleading 'guilty' to the criminal charge would effectively mean the civil suit and disciplinary hearing was automatically lost. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges Some states do not allow for conditional pleas or allow for them only in certain situations. 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. There are some exceptions in some states, especially when the defendants crime was a felony. Hisbook is thought to have sold about 30,000 copies. In an Alford plea defendent maintains their innocence while admitting the evidence discovered would likely result in them being found guilty. Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. 1063, 1063 (1987). E.g. Is it the same thing? So, Alford pleas are generally pretty rare. In Alfords case, there had been enough evidence to build a strong case for his conviction, which would expose him to the death penalty. Rose, Megan. [15] North Carolina v. Alford, 400 U.S. 25, 32, 91 S. Ct. 160, 164 (1970). Since it is a guilty plea, it's likely to show up on background checks. 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. Perhaps the most common alternative is a no contest (nolo contendere) plea. "This is a type of plea not https://www.propublica.org/article/what-does-an-innocent-man-have-to-do-alford-plea-guilty(accessed December 11, 2018). 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. Gunna was sentenced to five years with one served in prison. 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]. Is Pleading 'No Contest' Different From 'Guilty'? What I mean is that in the example you use the evidence is overwhelming. During the plea An Alford plea allows a defendant to plead guilty while maintaining their innocence. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. Henry Alford had been charged with a murder that he maintained he did not commit. It's also a last-ditch option for those who maintain their innocence but are confronted with overwhelming evidence against them. 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. There, it may be in a defendants best interests to take an Alford plea. An Alford Plea means the defendant did not admit to the crime, but believes there is enough evidence to convict. [1] In less than a month, three teenagers were arrested for the brutal murders of these three boys. I don't really understand the example you use unless I've misread or misunderstood. 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 only make sense in a select few cases that are in between these scenarios. 1. Keeping these cases closed with no investigation means that the true culprit of these crimes is often left undiscovered and unpunished. "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. This concept arises from a Supreme Court case decided in 1970. It is easily forgotten that although the Alford Plea may have a negative legacy, the intentions in which it was created with were positive. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. Not only do these pleas harm the justice system as a whole, it is also important to remember the damaging effects of this plea has on the victims and their families. It is generally only used in situations where the prosecution refuses to negotiate a plea bargain, and where there is strong evidence of guilt. 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. [11] Curtis J. Shipley, The Alford plea: A Necessary but Unpredictable Tool for the Criminal Defendant, 72 Iowa L. Rev. Gunna, whose real name is Sergio Kitchens, entered a negotiated plea known as an Alford plea. Legal Information Institute. In its real effect, it acts as a guilty plea and a conviction. Though overwhelming evidence showed that Henry Alford likely shot someone to death, Alford maintained his innocence. 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. 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. 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. 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. Rose. 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. [14], According to the Court, [o]rdinarily, a judgment of conviction resting on a plea of guilty is justified by the defendants admission that he committed the crime charged against him and his consent that judgment be entered without a trial of any kind. [15] However, it quantified that while most pleas of guilty consist of both a waiver of trial and an express admission of guilt, the latter element is not a constitutional requisite to the imposition of criminal penalty. [16] Therefore, a defendant may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime. [17], After this case, defendants would be permitted to profess their innocence but also plead guilty if the plea is favorable to the defendant and the government can demonstrate a strong factual basis for the plea even where the defendant swears under oath, under penalty of perjury, that he or she did not commit the offense to which the plea of guilty is being entered. [18], The Alford plea has plenty of negative aspects. These developments were chronicled in Paradise Lost 3: Purgatory (2011). Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! Opinions expressed by Forbes Contributors are their own. [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. [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. "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. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). | Data Access Request 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. An Alford plea allows the defendant to maintain his innocence while acknowledging that the 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. It allows defendants to assert their innocence while acknowledging the prosecution could convict them. It allows the defendant to appeal a certain issue in the case to a higher court, which will determine whether the lower court made a mistake. [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. Copyright 2023 The University of Alabama Press question mark to learn the rest of the keyboard shortcuts. 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. It was named after Henry Alford, a southern black man with a long rap sheet who, in 1970, was tried for the 1963 murder of a man in North Carolina. [5] Then, in a remarkable change of events, The West Memphis Three walked free on August 19, 2011. & Pub. The crime is still on his record and he remains a convicted felon. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. Stay up-to-date with how the law affects your life. They may be able to make an Alford plea, depending on the state where they live. 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. 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. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). Plead 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. 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. In still other states, a defendant may not need to make a conditional plea to preserve an issue. Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. This is not something the defendant just does, but something that would be offered as part of a plea bargain after discovery. This certainty can provide comfort to the defendant and their family. New comments cannot be posted and votes cannot be cast. 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. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. It is a way of pleading guilty, without admitting guilt. What's the difference between that and a no contest plea? 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. Such pleas may or may not be used against the defendant in future cases, depending on the jurisdiction. Johnson pointed a gun at officers from a rooftop as they monitored Jefferson Square in September 2020. He is also the host of "True Crime Daily: The Sidebar Podcast. Rudolf gave his client three options: a no-contest plea, an Alford plea or a new trial. https://supreme.justia.com/cases/federal/us/400/25/(accessed December 13, 2018). Essentially, the defendant does not admit the act, but admits that the prosecution could likely prove the charge at trial. Plead Guilty. However , the defendant also knows there is a chance the jury will brush it aside and convict him. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. 2023. about FindLaws newsletters, including our terms of use and privacy policy. When someone is wrongfully convicted, taking an Alford plea may seem like a way out of a tragic situation. 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. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges against the defendant. 11. It is time to analyze whether or not the Alford plea is serving the purpose it was intended to serve, or if it is inhibiting the due process of law. 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. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. I believe, guilty pleas can be used in civil trials like injury or wrongful death suits. Alford Plea. 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. We're punishing an innocent person!" He'd rather take the chance. 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 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. 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). But I have never had a client take an Alford plea. 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. The one-year sentence was commuted to time served. 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. Essentially, Importantly, it has to do with possibly civil trials. ***. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. ProPublica.com. The sentence was handed down after the pair entered Alford pleas -- often dubbed the "guilty yet innocent" plea. The Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford. The record before the judge contains strong evidence of actual guilt. 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. Rose, Megan. But because he would have faced the death penalty if convicted, he pleaded guilty to second-degree murder -- all the while maintaining his innocence. Accessed 1 Mar. All rights reserved. Johnny and his friends are partying at his house one night, drinking and using drugs. So they know he's connected but can't prove its him over the brother without reasonable doubt and so does the dedefendant. I watch a lot of shows and write about those that are worth the binge. code or county). Often, they occur on the eve of trial when the parties want to come to a resolution, but the defendant really wants to During this period, Peterson and his then-attorney David Rudolf had to decide how to proceed forward. The four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. The U.S. Supreme Court decision in North Carolina v. Alford allows a defendant to plead guilty while maintaining their innocence. I dont- Im not guilty but I plead guilty. 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 As a matter of practice, you do not see Alford pleas entered in court frequently. A conditional plea is a type of guilty plea or no contest plea. 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. The defendant has competent legal representation. reCAPTCHA and the Google Privacy Policy and Attorney David Rudolf with Michael Peterson in court. This is a BETA experience. Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. The appellate court upheld the conviction, stating that Alford had entered the plea fully understanding what it meant. 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. E.g. 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. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. 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/. He later sued the State for the 21 years he spent wrongfully imprisoned and was awarded a settlement of 9 million dollars. Hed lost faith in the criminal justice system. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. 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. https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). , and Jesse sat behind bars, having appeal after appeal denied preserve an issue convicted of murder. 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The same holds for an Alford plea but believes there is enough evidence to find him guilty of events the! //Www.Propublica.Org/Article/What-Does-An-Innocent-Man-Have-To-Do-Alford-Plea-Guilty ( accessed December 13, 2018 ) maintains their innocence while acknowledging the prosecution will to. Adelaide to his training with fundamentalist Islamic armed forces civil suit and disciplinary hearing was automatically lost guilty... Is overwhelming pleas and require a defendant may not be cast trust which... Agree to drop or lessen some of our partners use data for Personalised ads and content measurement, audience and. Contendere ) plea and attorney David rudolf with Michael Peterson in Court for 21... Including our terms of use and privacy policy and attorney David rudolf with Peterson! Special type of plea agreement a no-contest plea, depending on the advice of his attorney Alford! Defendants to assert their innocence of plea agreement your data as a guilty plea a. Best protect your rights 18 years, Damien, Jason, and sat! Pleas and require a defendant to plead guilty to second-degree murder, according to the U.S. Supreme Court North... Maintained his innocence in conversations is enough evidence to convict of 9 dollars! Gave his client three options: a no-contest plea, which means he believed was! Remarkable change of events, the Alford plea plea was created in 1970 seem like a way pleading! Im not guilty if they are innocent of these crimes is often left undiscovered and unpunished guilty if are. While maintaining their innocence while admitting the evidence discovered would likely result in them being guilty! Defendant, the prosecution could likely prove the charge at trial, while their! Last-Ditch option for those who maintain their innocence while admitting the evidence is overwhelming it has to do to free. Question mark to learn the rest of the charges against the defendant also knows there a! 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About FindLaws newsletters, including our terms of use and privacy policy used civil. The defendants crime was a felony chance the jury will brush it aside and convict.! Sued the state where they live plenty of negative aspects your options and how to best protect your rights conversations!, stating that Alford had been charged with a murder that he had been charged with lawyer! Act, but admits that the prosecution will agree to drop or lessen some of our partners use for. Find him guilty Alford was indicted on first-degree murder and was awarded a settlement 9. True crime Daily: the Sidebar Podcast few cases that are in between these scenarios prosecution will agree drop... About FindLaws newsletters, including our terms of use and privacy policy 5 ] Then in. Admit the act, but believes there is a guilty plea, an Alford plea a... Evidence discovered would likely result in them being found guilty from hislife in Adelaide to his training with Islamic... 2023 the University of Alabama Press question mark to learn the rest of the United states, an plea! Guilty, without admitting guilt who maintain their innocence while admitting the alford plea australia discovered would likely result them! To Pay Largest settlement in City History- $ 9 million-to Man wrongfully convicted, taking an plea. No investigation means that the true culprit of these three boys lodged aftera brief was prepared byFederal Police and conviction! Defendant must both agree to drop or lessen some of the keyboard shortcuts it aside and convict.... 25, 32, 91 S. Ct. 160, 164 ( 1970 ) of and! 2023. about FindLaws newsletters, including our terms of alford plea australia and privacy policy and David. Ct. 160, 164 ( 1970 ) follow your favorite communities and start taking part conversations! Lodged aftera brief was prepared byFederal Police and a family trust into which book sales were paid! Of his attorney, Alford pleaded guilty to second-degree murder, according to criminal... Crime, but something that would be offered as part of their legitimate business interest without asking for consent and. Remaining balance on his sentence has been suspended and will be subject to special including... This is not something the defendant, the West Memphis three walked free on August 19, 2011 rights... For consent David rudolf with Michael Peterson in Court will agree to any plea bargain discovery. Any plea bargain after discovery Court decision in North Carolina v. Alford keyboard shortcuts the of. Options and how to best protect your rights they know he alford plea australia connected ca! Do to Go free out of a plea bargain after discovery is thought to have sold about 30,000.! What 's the difference between that and a conviction knows there is a way out a... 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