has its version, a 13-episode documentary series, and HBO Max has the scripted version starring Toni Collette and Colin Firth. A South Carolina couple was sentenced to 20 years in prison this week for extreme child abuse. 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? 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 possibility of receiving a lessened sentence is something all defendants inherently desire. The punishment is the same, so refusing to comply with probation will bring the same punishment regardless of why. a grossly culpably negligent surgeon kills his patient on the operating table. 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. 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. [11] Curtis J. Shipley, The Alford plea: A Necessary but Unpredictable Tool for the Criminal Defendant, 72 Iowa L. Rev. And in doing that, that you have again affirmed your decision on that point? The Alford plea came out of North Carolina v. Alford, where the Supreme Court of the United States held that judges do not violate due process by accepting guilty pleas from defendants who simultaneously assert their 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 innocence. An Alford plea allows the defendant to maintain his innocence while acknowledging that the During the party, a man Johnny did not know showed up with one of Johnnys friends. "The challenge also relied upon the fact that Mr Hicks entered what is known in the UnitedStates as an Alford plea," the statement said. There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. & Pub. if it was found that the defendant's lawyer failed to summon a key witness to support the defendant's innocence). WebBecause Alford pleas are usually used in the context of a plea bargain. If the D.A. Is there a difference in sentencing between the two? On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. Others feel he is an innocent man caught in the web of an unjust legal system. 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. 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. [15] North Carolina v. Alford, 400 U.S. 25, 32, 91 S. Ct. 160, 164 (1970). [14] James W. Diehm, Pleading Guilty While Claiming Innocence: Reconsidering the Mysterious Alford plea, 26 U. Fla. J.L. In Alfords case, there had been enough evidence to build a strong case for his conviction, which would expose him to the death penalty. Press question mark to learn the rest of the keyboard shortcuts. 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. A. 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 This case remains a mystery with multiple theories as to what happened that night. It should be noted that in Mr. Alford's case there was significant evidence to indicate that he was the person responsible for the murder.. A defendant may be confident in their innocence but feel reluctant to take the risk of going to trial. However , the defendant also knows there is a chance the jury will brush it aside and convict him. ProPublica.com. An Alford plea allows a defendant to plead guilty while maintaining their innocence. Rose, Megan. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). In 2003, Peterson was convicted of first-degree murder and sentenced to life in prison. Q [by Alfords attorney]. The rare plea serves as a final resort to avoid trial or a severe sentence for those who are indeed guilty. 10. New comments cannot be posted and votes cannot be cast. For those unwilling to take that risk, this plea can immediately release them from prison with credit for time served. Rudolf gave his client three options: a no-contest plea, an Alford plea or a new trial. 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. 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. Is it the same thing? I watch a lot of shows and write about those that are worth the binge. 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. The record before the judge contains strong evidence of actual guilt. 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. 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. 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. 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. Because Alford pleas are usually used in the context of a plea bargain. More often than not, a defendant who accepts a plea bargain will plead guilty to a charge. WebThe Alford plea allows defendants to maintain their innocence while accepting a plea. Two of the defendants, Jason Baldwin 412.396.6300. You told me to plead guilty, right. Continue with Recommended Cookies. Can you please clear it up. In 1963, Henry Alford was charged with first-degree murder, which would have made him eligible for the death penalty in North Carolina. According to reports, Alford got into a fight with a man named Nathaniel Young, who later died from a shotgun wound. [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. Alford pleas do not allow defendants to sue for wrongful imprisonment and other types of misconduct which allows this type of misconduct to be perpetuated. It is generally only used in situations where the prosecution refuses to negotiate a plea bargain, and where there is strong evidence of guilt. 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 always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. (Edit: innocent, not guiltykinda crucial). They want the admission of guilt. Most of the time the prosecution won't agree to an Alford plea. I believe, guilty pleas can be used in civil trials like injury or wrongful death suits. 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 can help a defendant avoid collateral consequences in a civil lawsuit that arises from the same events as the criminal case. [1] In less than a month, three teenagers were arrested for the brutal murders of these three boys. He'd rather take the chance. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! Now when we plead guilty, they set us free! Jason Baldwin. [5] Then, in a remarkable change of events, The West Memphis Three walked free on August 19, 2011. What is an Alford plea? The distinction between the two is clear (now). However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in One of the most infamous cases in recent times involving an Alford plea was that of the West Memphis Three. 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. An Alford plea allows a defendant to plead guilty while maintaining their innocence. "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. While other suspects were Some states do not allow Alford pleas and require a defendant to plead not An example of data being processed may be a unique identifier stored in a cookie. When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. https://www.law.cornell.edu/wex/alford_plea(accessed December 11, 2018). What Does an Innocent Man Have to Do to Go Free? 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 Dale will be sentenced in April. 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. 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. 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. 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. That suing party will have to prove it the long way by presenting evidence, etc. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. Things get out of hand, and neighbors call the police when they hear a gunshot. Manage Settings This concept arises from a Supreme Court case decided in 1970. 6. 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. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). 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 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 this crime on their records. During the 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. There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. Rose, Megan. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. He later sued the State for the 21 years he spent wrongfully imprisoned and was awarded a settlement of 9 million dollars. The criminal record shows a conviction just as if he had pled guilty. 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. This allows the accused to accept a plea bargain for a lesser sentence than he would receive if convicted at trial. The Director of Public Prosecutions has dropped a case against former Guantanamo Bay inmate David Hicks. "I feel like this acknowledges Guantanamo Bay and everything is illegal.". By using this type of plea, the 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. What is the point of an Alford plea? Like a nolo contendere plea, an Alford plea arrests the full process of criminal trial because the defendant typically, only with the courts permission accepts all the ramifications of a guilty verdict (i.e. punishment) without first attesting to having committed the crime. [3] Known by the moniker The West Memphis Three, they maintain their innocence. 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. So then there's no plea bargain at all. The Alford Plea: Do the Cons Outweigh the Pros. 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. 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). A few states like New Jersey and Indiana expressly forbid Alfred pleas. This guilty plea can be used as evidence in future cases, and can be considered in sentencing for future convictions on other charges. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. Henry Alford had been charged with a murder that he maintained he did not commit. What do you think? 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. Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. What I mean is that in the example you use the evidence is overwhelming. 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. Start your free trial today and get unlimited access to America's largest dictionary, with: Alford plea. 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