what is the purpose of an alford plea

My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? Because Alford maintained his innocence, he knew that he could be sentenced to death if the jury so chose so instead, he took a plea bargain and pled guilty to second-degree murder. [18] "I just pleaded guilty because they said if I didn't, they would gas me for it," wrote Alford in one of his appeals. Henry Alford indicted for first degree murder in 1963; maintained his innocence but pleaded guilty to second degree murder due to the significance of the evidence. "[15] The book Plea Bargaining's Triumph: A History of Plea Bargaining in America published by Stanford University Press defines the plea as one in "which the defendant adheres to his/her claim of innocence even while allowing that the government has enough evidence to prove his/her guilt beyond a reasonable doubt". Conclusion: The United States Supreme Court held that defendants breach of the plea agreement between the parties removed the double jeopardy bar to prosecution of defendant on the first-degree murder charges that he faced prior to the plea agreement. Following this ruling, Alford petitioned for a writ of habeas corpus in the United States District Court for the Middle District of North Carolina, which upheld the initial ruling, and subsequently to the United States Court of Appeals for the Fourth Circuit, which ruled that Alford's plea was not voluntary, because it was made under fear of the death penalty. We must trust the accused to make such an important decision for himself. : 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. 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. We use cookies to ensure that we give you the best experience on our website. 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. 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. v. Henry C. ALFORD. Purpose of Alford pleas. The Court went on to concede that it may be in the best interest of a defendant to accept a guilty plea in order to minimize his exposure to imprisonment or . Alford later appealed his case to federal court, saying that he was coerced into pleading guilty out of fear of the death penalty. Attorneys' Manual states that in the federal system, Alford pleas "should be avoided except in the most unusual circumstances, even if no plea agreement is involved and the plea would cover all pending charges." To explore this concept, consider the following Alford plea definition. 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. 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. What Is an Alford Plea? https://www.law.cornell.edu/wex/alford_plea(accessed December 11, 2018). 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. In that case, the defendant was indicted for first-degree murder. https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). There was a lot of strong evidence against Alford, and his criminal defense lawyer . This plea, receiving its name sake from the 1969 Supreme Court case North Carolina v. Alford (2), is defined by the Legal Information Institute as Also known as a best interest plea, an Alford registers as a formal claim of neither guilt nor innocence of charges brought against a defendant in criminal court.an Alford plea arrests the full process of a criminal trial because the defendanttypically, only with the courts permissionaccepts all ramifications of a guilty verdict without first attesting to having committed the crime(3). In the event the accused individual, called the "defendant," enters a plea of guilty, the case moves to the sentencing phase, as . An Alford plea is an alternative plea that does not involve admitting guilt. U.S. Alford Pleas and Appeals: Maintaining Innocence During a Guilty Plea Does NOT Preserve Appellate Rights. You can find out more about our use, change your default settings, and withdraw your consent at any time with effect for the future by visiting Cookies Settings, which can also be found in the footer of the site. 6. At that time North Carolina law provided for the penalty of life imprisonment when a plea of guilty was accepted to a first-degree murder charge; for the death penalty following a . "[11], Legal scholar Jim Drennan, an expert on the court system at the Institute of Government at the University of North Carolina at Chapel Hill, told the Winston-Salem Journal in a 2007 interview that the ability to use this form of guilty plea as an option in courts had a far-reaching effect throughout the United States. [29] The Court ruled, "Although an Alford plea allows a defendant to plead guilty amid assertions of innocence, it does not require a court to accept those assertions. An Alford plea (often erroneously called an "Alpha plea") is based on the 1970 Supreme Court case of Alford v. North Carolina, in which the Supreme Court held that a valid guilty plea does not require admission of guilt. An Alford plea is a legal term which refers to a defendant's refusal to admit guilt while still acknowledging that the prosecution has enough evidence to convict them. They undermine the procedural values of accuracy and public confidence in accuracy and fairness, by convicting innocent defendants and creating the perception that innocent defendants are being pressured into pleading guilty. The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. 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. The court is within its rights to find the defendant guilty, and the trial can result in a conviction. Necessary cookies are absolutely essential for the website to function properly. They note that Prosecuting Attorney Keith L. Chrestman agreed to waive venue for the purpose of the circuit court hearing before Judge . 2 What is an Alford plea in North Carolina? 10. Whenever a defendant in a Nevada criminal case enters a guilty plea, the judge asks them, "Are you pleading guilty because . You also have the option to opt-out of these cookies. This type of plea originates from a ruling handed down by the state's Appellate Court in 1987, which specified that one can avoid admitting guilt by accepting a prison sentence if he or she concludes that he or she would probably have been found guilty. In the instance of Owens own civil trial, it was uncovered that Owens attorney had not been made aware of Thompsons many changing stories (Thompsons testimony against Owens was a large part of his conviction) as well as other witnesses faltering testimony. An Alford plea is a guilty plea in criminal court. In sum, State Farm has not met the "controlling question of law" requirement because it identifies no authority finding that the fact of an Alford plea, without any consideration of the circumstances or admissions made during the plea, establishes intent; because whether Havemeier's Alford plea established his intent to cause injury is a mixed question of law and fact; and because the . 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. Challenging the jurisdiction of the court over the defendant's person. What is the purpose of an Alford plea? The trial court verdict was then vacated. [10][12] Henry Alford had been indicted on a charge of first-degree murder in 1963. Answer (1 of 4): An Alford plea is simply another way of a very guilty, defendant, bringing himself to plead, guilty, likely when he's embarrassed to admit it to his family and friends. 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. However, some distinctions between the three pleas do exist and they can be very significant for the defendant. 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. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. This cookie is set by GDPR Cookie Consent plugin. Think of a no contest plea as saying, "I'll accept the penalties, but I'm not guilty of the . Both an Alford plea and a no contest plea are the functional equivalents of a guilty plea. The defendant is entering the plea to get the benefit of the plea bargain from the prosecution. Welcome to the Capstone Commentary, an online platform where students interested in legal research can test their hand at writing about the law. He donated all of the proceeds to charity. 30, 2021, thoughtco.com/what-is-an-alford-plea-971381. [18], Alford appealed and requested a new trial, arguing he was forced into a guilty plea because he was afraid of receiving a death sentence. Alford later filed a habeas petition in federal court, arguing that his plea was "involuntary because its principal motivation was fear of the death penalty.". In fact, if the accused is silent and refuses to enter into a plea, the court will automatically enter not guilty plea on his behalf. This would be known as an Alford plea, based on a 1963 murder case in North Carolina. 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.

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