(400 U.S. Rose, Megan. [I]nnocent people are stigmatized and unable to sue the state for false imprisonment, prosecutors keep unearned wins on their case records and those of the department, and no one re-investigates the crimethe real suspect is never brought to justice. [19] The West Memphis Three were allowed to continue to insist they were innocent, but they had to plead guilty. This certainty can provide comfort to the defendant and their family. The victim could use a guilty plea as evidence of the defendants liability for the accident, but they could not use a no contest plea in the same way. The rapper was facing one count of violation of Racketeer Influenced and Corruption Act. Like the similarnolo contendereplea, an Alford plea skips the full process of a criminal trial because the defendant agrees to accept all the ramifications of a guilty verdict (i.e. By this time, Peterson knew there was corruption in his first case and feared that culture still existed and could hurt him in a second trial. 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. 'Hiemal,' 'brumation,' & other rare wintry words. after North Carolina vs. Alford, U.S. Supreme Court case (1970) that sanctioned such a plea. They were released after each was sentenced to time served and received a 10-year suspended sentence. This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! Gunna, whose real name is Sergio Kitchens, entered a negotiated plea known as an Alford plea. In a statement, the DPP said the decision to drop the case had been made after new evidence came to light. Alford Plea. 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. The four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. A South Carolina couple was sentenced to 20 years in prison this week for extreme child abuse. She is charged with robbery and assault. Create an account to follow your favorite communities and start taking part in conversations. By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. https://supreme.justia.com/cases/federal/us/400/25/(accessed December 13, 2018). If they are charged after a car accident or an assault, for example, the victim of the accident or assault might bring a claim for personal injury damages. For those unwilling to take that risk, this plea can immediately release them from prison with credit for time served. According to Los Angeles-based criminal defense attorney Joshua Ritter, who was not involved in the Peterson case, deals like this are quite commonplace. 6. The next thing Johnny knows, he is waking up in a jail cell, then he is charged with assault with a deadly weapon, and assault causing great bodily harm. The Court ultimately ruled that the court could accept a guilty plea when the defendant was simultaneously claiming he was innocent. Opinions expressed by Forbes Contributors are their own. 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, Gunna was sentenced to five years with one served in prison. "If, at any stage in the conduct of legal proceedings by the office, there is a concern as to the sufficiency of available evidence, then the office will review the matter regardless of what stage the proceedings have reached in the court process. A. What do you think? 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. 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. For this reason, an Alford plea does count as a strike, in states that have a three-strikes law, or other habitual offender law. In continuance of this idea, defendants will also receive certainty. Rose, Megan. This is a BETA experience. 644 Words3 Pages. To save this word, you'll need to log in. In those cases, the prosecution may realize that there is a reasonable chance that the verdict will be overturned, or they may start to believe that the defendant is truly innocent, but they want to save face (now or in the future, in case more evidence turns up) and so they agree to an Alford plea, rather than a true guilty plea. The Director of Public Prosecutions has dropped a case against former Guantanamo Bay inmate David Hicks. 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. I always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. | Disclaimer They compromised their chance to be exonerated during a new trial to instead be permitted to leave the courthouse with time served. And in doing that, that you have again affirmed your decision on that point? If you would like this removal reviewed, please read the detailed rules first. This would expose her to a severe sentence. During this period, Peterson and his then-attorney David Rudolf had to decide how to proceed forward. All rights reserved. While other suspects were 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. An Alford Plea means the defendant did not admit to the crime, but believes there is enough evidence to convict. 5. The man got into a loud argument with some of the partygoers, which soon turned into a brawl, and a gun went off. But because he would have faced the death penalty if convicted, he pleaded guilty to second-degree murder -- all the while maintaining his innocence. 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. I watch a lot of shows and write about those that are worth the binge. reCAPTCHA and the Google Privacy Policy and The Alford plea arises from a Supreme Court case where Alford plead guilty to a lesser charge to get a more lenient sentence but later changed his mind and claimed he was innocent, and only plead guilty to avoid the harsher punishment. The Alford plea gets its name from a 1970 U.S. Supreme Court case, North Carolina v. Alford. ***. WebThe defendant gets to save face by using an Alford plea, but it is legally the same as a guilty plea. Ward, Bryan. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. Dale will be sentenced in April. All materials, content, and forms contained on this website may not be copied, reproduced, distributed, or displayed without the express written permission of Juris Magazine. CLN s companion publication, PLN, previously reported on their case in December 2012. Brian Banks was wrongfully convicted of rape because he chooses to take a plea deal, which was the lesser sentence then spending 41 years in prison. TIL that something called an Alford Plea exists. What Does an Innocence Man Have to Do to Go Free? 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. 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. 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. It is easily forgotten that although the Alford Plea may have a negative legacy, the intentions in which it was created with were positive. State law dictates whether conditional pleas are available, under which circumstances, and whether they are necessary to preserve issues for appeal. Welcome to the Capstone Commentary, an online platform where students interested in legal research can test their hand at writing about the law. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). Plead Guilty. The U.S. Supreme Court decision in North Carolina v. Alford allows a defendant to plead guilty while maintaining their innocence. Importantly, it has to do with possibly civil trials. He was in his seventies and financially drained and this deal allowed him to regain his freedom. What's the difference between that and a no contest plea? An Alford plea allows a defendant to plead guilty while maintaining their innocence. 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. WebAn Alford plea is a type of plea agreement where a criminal defendant pleads guilty to an offense but at the same maintains his or her innocence. 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 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). 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. The man was shot in the chest, and required several hours of surgery, followed by a lengthy hospitalization to save his life. Most of the time the prosecution won't agree to an Alford plea. Some states do not allow Alford pleas and require a defendant to plead not An Alford plea allows a defendant to maintain their innocence, but acknowledge that pleading guilty is in their best interest, according to the U.S. Department of Justice. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. 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. Why would an innocent person take a plea deal? Typically an innocent person will fight a murder charge, but in some extreme cases like that they may feel forced to enter an Alford plea. Seventies and financially drained and this deal allowed him to regain his freedom part in.... Of Public Prosecutions has dropped a case where there is evidence against suspect... 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