One moose, two moose. All rights reserved. He was sentenced to seven years' jail, all but nine months of which were suspended, and was transferred from Guantanamo to an Australian prison in 2007 to serve out his term, subject to a 12-month gag order. An Alford plea is a prudent alternative for criminal defendants who find themselves faced with overwhelming evidence and a severe penalty if convicted, yet choose to maintain their WebBrian Banks Case Paper. Copyright 2022, Thomson Reuters. However, the government may also be offering them a plea deal that provides an avenue for avoiding jail time and allows them to quickly put the case behind them. 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. The Supreme Court took up the case to allow for these circumstances. 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. 'Hiemal,' 'brumation,' & other rare wintry words. This is referred to as a Brady violation(8), named after the 1963 Supreme Court case in which the court stated that the suppression of evidence favorable to the accused upon request violates the due process where evidence is material to either guilt or punishment(9). Well, Im still pleading that you all got me to plead guilty. It allows defendants to assert their innocence while acknowledging the prosecution could convict them. They may be able to make an Alford plea, depending on the state where they live. This certainty can provide comfort to the defendant and their family. The defendant, who had competent counsel, knowingly entered his guilty plea in order to avoid this outcome. The prosecutor agreed to a guilty plea for second After the sentence came down, the rapper released a statement, saying: While I have agreed to always be truthful, I want to make it perfectly clear that I have NOT made any statements, have NOT been interviewed, have NOT cooperated, have NOT agreed to testify or be a witness for or against any party in the case and have absolutely NO intention of being involved in the trial process in any way., Atlanta rapper Gunna released after pleading guilty to RICO charge, Here are the people facing charges in the indictment that includes rapper Young Thug, Im gonna fight for him to the end: Young Thugs father says hes been wrongly accused. 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 support of the challenge, the defendants served evidential material not previously available to the CDPP and AFP. They compromised their chance to be exonerated during a new trial to instead be permitted to leave the courthouse with time served. Ratliff and Margaret (Ratliff) Blakemore. [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. [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 Hes told many a story-slash-lie over the years but of this detail, he has never wavered. 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. 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. 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. 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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. 5. Some states do not allow for conditional pleas or allow for them only in certain situations. Is that different from pleading No Contest? The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. Robbery is a serious offense that earns Lilly a strike. Learn a new word every day. What Does an Innocent Man Have to Do to Go Free? Some states do not allow Alford pleas and require a defendant to plead not 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. 412.396.6300. 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. I dont- Im not guilty but I plead guilty. 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. While entering his plea, Alford maintained that he was innocent, E.g. "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. My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? I plead the other way, circumstantial evidence; that the jury will prosecute me on-on the second. 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. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. It's named after a famous U.S. Supreme Court case, but what exactly does it mean? To be more precise, an Alford plea is a guilty plea by a defendant who claims to be innocent. A no-contest (or "nolo contendere") plea is a plea by a defendant who accepts punishment but doesn't admit guilt. Both kinds of plea result in conviction. 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. 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. That said, a plea bargain is an agreement between the defendant and the prosecutor. Alford pleas only make sense in a select few cases that are in between these scenarios. He won't make a deal pleading guilty tho. 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. Alford pleas: when the defendant wants to plead guilty without actually admitting to what he did January 08, 2021 Sometimes a defendant wants to plead guilty but he can't (or won't) admit to the crime or to some element of the crime. 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. 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. [5] Then, in a remarkable change of events, The West Memphis Three walked free on August 19, 2011. 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 If a defendant is innocent but still chooses the plea deal out of the interest of security, their attorney is no longer in an ethical dilemma of whether or not they should allow their innocent client to plead to something they did not commit, with Alford because it allows them to still maintain their innocence. 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. [19] https://www.theatlantic.com/politics/archive/2017/09/what-does-an-innocent-man-have-to-do-to-go-free-plead-guilty/539001/, [20] https://www.thedailybeast.com/west-memphis-three-freed-using-rare-alford-legal-plea?ref=scroll, [21] https://www.cbsnews.com/news/48-hours-mystery-unusual-plea-that-freed-west-memphis-3/, Hanley Hall [Last updated in June of 2022 by the Wex Definitions Team], The name, Alford plea, is taken from the case, An Alford plea, also known as a "best-interests plea," registers a formal admission of, 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. 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. Essentially, the defendant does not admit the act, but admits that the prosecution could likely prove the charge at trial. 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 such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court he is guilty. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. [4] Until November 4, 2010, when the Arkansas Supreme Court ordered the trial court to look at newly uncovered DNA evidence and potential juror misconduct, and then determine if this evidence justified a new trial or exoneration. 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. "This is a type of plea not The sentence was handed down after the pair entered Alford pleas -- often dubbed the "guilty yet innocent" plea. 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. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. 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. Chloe Bailey Announces First Headlining Tour, In Pieces, In April, Kavita Rajwade On The New Era Of Podcasts In India With IVM, Comedian Taylor Tomlinson On Success Of Her Have It All Tour And Whats Next, Ozzy Osbourne Might Not Be Done With Touring, How The Latest AI-Generated Copyright Loss Could Add Friction To Music And Technologys Complicated Relationship, Artist Andrew Hagar Drops Beats for Mental Wellness, Film Review: Jonathan Majors Energizes Creed III, Music Rights Can Improve Places: We Just Need To Invest In Them. He'd rather take the chance. So then there's no plea bargain at all. An Alford plea allows a defendant to plead guilty while maintaining their innocence. 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. Ward, Bryan. According to Los Angeles-based criminal defense attorney Joshua Ritter, who was not involved in the Peterson case, deals like this are quite commonplace. They want the admission of guilt. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Others feel he is an innocent man caught in the web of an unjust legal system. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, 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. Outside court today, Hicks said the DPP's decision brought him some closure and helped clear his name. I wish I could give you more than the upvote I just gave you. (Edit: innocent, not guiltykinda crucial). Rose, Megan. What's the difference between that and a no contest plea? Copyright Duquesne University School of Laws Juris Magazine 2017. You must there are over 200,000 words in our free online dictionary, but you are looking for one thats only in the Merriam-Webster Unabridged Dictionary. The U.S. Supreme Court decision in North Carolina v. Alford allows a defendant to plead guilty while maintaining their innocence. 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. "The challenge also relied upon the fact that Mr Hicks entered what is known in the UnitedStates as an Alford plea," the statement said. 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? Attorney David Rudolf with Michael Peterson in court. 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. & Pub. 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. A recent case shows how Alford pleas are used in practice. 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. In continuance of this idea, defendants will also receive certainty. This is a BETA experience. 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