Plead Guilty.. Why was Henry C Alfords guilty plea involuntary? As a capital offense, the defendant could have faced the death sentence if a jury found him guilty. Answer (1 of 3): I imagine that you could find the meaning of an Alford Plea online with 10 seconds of effort, but here goes: The Alford Plea is a strange middle ground between the normal "guilty" amd "not guilty" pleas one can enter with a criminal court. Star Athletica, L.L.C. The defendant, who had competent counsel, knowingly entered his guilty plea in order to avoid this outcome. Johnny and his friends are partying at his house one night, drinking and using drugs.
Plea bargaining: Alford plea - Law Essays - LawAspect.com What Does an Innocent Man Have to Do to Go Free? In the law of the United States, an Alford plea is a plea in criminal court. 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. For these reasons, Alford pleas at times may seem to work in favor of the defendant and their best wishes, but functionally, Alford is used in a much different way that does not yield as positive results. [20], The Dictionary of Politics: Selected American and Foreign Political and Legal Terms defines the term "Alford plea" as: "A plea under which a defendant may choose to plead guilty, not because of an admission to the crime, but because the prosecutor has sufficient evidence to place a charge and to obtain conviction in court. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). [10][12] Henry Alford had been indicted on a charge of first-degree murder in 1963. The History of the Alford Plea The Alford plea is named after the U.S. Supreme Court case, North Carolina v. Alford, from 1970. The entry of an Alford plea by a defendant is no different than a conviction . Rose. The other two counts were dismissed. 4 What happened in the Ricketts v Adamson 1987 case? 8 Why was Alford denied a writ of habeas corpus? The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). On December 2, 1963, Alford was indicted for first-degree murder, a capital offense under North Carolina [400 U.S. 25, 27] law. 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.". "[21] The Court allowed the guilty plea with a simultaneous protestation 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. In this plea, the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty. Things get out of hand, and neighbors call the police when they hear a gunshot. These procedures may be constitutional and efficient, but they undermine key values served by admissions of guilt in open court. Alford Plea of Guilty. 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. Rose, Megan. 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 []. Montaldo, Charles. North Carolina v. Alford. Justia U.S. Supreme Court. Purpose of Alford pleas. We also use third-party cookies that help us analyze and understand how you use this website.
The Nature and Law of Plea Agreements | Denver Criminal Lawyer In an Alford plea, defendant has to admit that he has reviewed the state's evidence, a reasonable jury could find him guilty, and he wants to take advantage of a plea offer that has been made. 15 (8) A conviction, plea of guilty, or Alford plea under KRS 218A.1415 shall not trigger 16 the application of this section, regardless of the number or type of . The Alford plea is useful when there is enough evidence to sway the judge to the prosecution's argument, leading to a conviction even if the defendant is innocent. In federal courts, such plea may be accepted as long as there is evidence that the defendant is actually guilty. 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). Reddit and its partners use cookies and similar technologies to provide you with a better experience. In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but admits that the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty . ThoughtCo. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5).
Alford Pleas in Kentucky - Hurst Law, Lawyers in Danville, KY In other words, defendants who know a conviction is inevitable might use an Alford Plea to avoid the possibility of harsher penalties (like Henry Alford did in 1970).
What is the purpose of an Alford plea? - Short-Question 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 . v. Henry C. ALFORD. [5][14][15][16][17] This can be caused by circumstantial evidence and testimony favoring the prosecution and difficulty finding evidence and witnesses that would aid the defense. This difference reflects the relative readiness of State courts, compared to Federal courts, to accept an alternative plea. "[17] A Guide to Military Criminal Law notes that under the Alford plea, "the defendant concedes that the prosecution has enough evidence to convict, but the defendant still refuses to admit guilt. We must trust the accused to make such an important decision for himself. Attacking the jurisdiction of the court over the crime charged. At this point it is rather common knowledge that most criminal cases end with a plea agreement rather than a trial.
Conditional Plea Bargain | LegalMatch 68 (2003)1-33. whether probable cause exists to show the crime was committed, and; . About 17% of State inmates and 5% of Federal inmates submitted either an Alford plea or a no contest plea, regardless of the type of attorney. When you enter an Alford plea, youre admitting that the evidence the prosecution has is likely to convince a judge or jury that youre guilty, but youre still saying that you didnt commit the crime. "What Is an Alford Plea?" This cookie is set by GDPR Cookie Consent plugin. The sentencing court may, of necessity, consider a broad range of information, including the evidence of the crime, the defendant's criminal history and the demeanor of the defendant, including the presence or absence of remorse. 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". 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. At the time, Alford argued that his plea was "involuntary because its principal motivation was . [18], Alford was faced with the possibility of capital punishment if convicted by a jury trial. I just pleaded guilty because they said if I didnt, they would gas me for it, Alford later wrote in one of his appeals. In 1963, Henry Alford was indicted on a charge of first-degree murder in North Carolina. This often takes the form of a brief discussion in court, in which the judge asks whether the defendant understands that he is accepting punishment as though he is guilty, even if he is making an Alford plea, or no contest. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder.
Acceptance of Alford Guilty Pleas | UNC School of Government What is an Alford Plea? | LawInfo Alford PleasNorth Carolina Criminal Law As we already mentioned, Michael Peterson is, without a doubt, the most famous example of an Alford plea in the 21st century so far. If youve been accused of a crime, even if you havent been formally charged, we may be able to help you. The name, Alford plea, is taken from the caseNorth Carolina v. Alford. 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. With a no-contest (or nolo contendere) plea, a defendant accepts punishment but doesnt admit guilt. Can You Be Charged With Child Abuse in Wisconsin If You Spank Your Child? and our 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.
Did Michael Peterson plead guilty? What's an Alford plea? Admissibility of an Alford Plea at a Subsequent Civil Trial What Is The Alford Plea In A Criminal Case? - Grunge.com For this reason, an Alford plea does count as a strike, in states that have a three-strikes law, or other habitual offender law.
Plea - Definition, Examples, Cases, Processes - Legal Dictionary Most people havent heard of an Alford plea but its a type of plea many people accused of crimes in Wisconsin use. 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.