On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. Don't be surprised if none of them want the spotl One goose, two geese. Is Pleading 'No Contest' Different From 'Guilty'? In Alfords case, there had been enough evidence to build a strong case for his conviction, which would expose him to the death penalty. https://www.propublica.org/article/what-does-an-innocent-man-have-to-do-alford-plea-guilty(accessed December 11, 2018). 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. The record before the judge contains strong evidence of actual guilt. Alford pleas: A Violation of Rights or a Psychological Slave?. There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. Gunna, whose real name is Sergio Kitchens, entered a negotiated plea known as an Alford plea. 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 Federal District Court of Appeals then ruled that Alfords plea was made involuntarily, citing the defendants statement of, I just pleaded guilty because they said if I didnt, they would gas me for it.. Rose, Megan. [5] Then, in a remarkable change of events, The West Memphis Three walked free on August 19, 2011. Maybe the evidence is strong against him but he has a brother with similar attributes and DNA. 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 [20], When we told prosecutors we were innocent, they put us in prison for life. What do you think? It's named after a famous U.S. Supreme Court case, but what exactly does it mean? Many believe Peterson is guilty of murder. [15] North Carolina v. Alford, 400 U.S. 25, 32, 91 S. Ct. 160, 164 (1970). An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. & Pub. Manage Settings Contact us. And you authorized me to tender a plea of guilty to second degree murder before the court? Copyright Duquesne University School of Laws Juris Magazine 2017. But because he would have faced the death penalty if convicted, he pleaded guilty to second-degree murder -- all the while maintaining his innocence. In 2003, Peterson was convicted of first-degree murder and sentenced to life in prison. While entering his plea, Alford maintained that he was innocent, Stay up-to-date with how the law affects your life. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. An Alford plea is essentially a no contest plea. So they know he's connected but can't prove its him over the brother without reasonable doubt and so does the dedefendant. 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. Don't Panic! if it was found that the defendant's lawyer failed to summon a key witness to support the defendant's innocence). 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? However, to avoid the death penalty, he pleaded guilty and received a prison term. In a majority decision written by Justice White, the court stated that a defendant may use this plea when advised by a competent attorney, and when He concludes his interests required a guilty plea and the record strongly indicates guilt. Poly 27, 30-31. 'Hiemal,' 'brumation,' & other rare wintry words. This would expose her to a severe sentence. A. FindLaw.com Free, trusted legal information for consumers and legal professionals, SuperLawyers.com Directory of U.S. attorneys with the exclusive Super Lawyers rating, Abogado.com The #1 Spanish-language legal website for consumers, LawInfo.com Nationwide attorney directory and legal consumer resources. One moose, two moose. WebAlford plea noun law : a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain After a lunch break, Garcia The defendant, who had competent counsel, knowingly entered his guilty plea in order to avoid this outcome. 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. It also details his years inGuantanamo Bay in Cuba and his conviction for supporting terrorism. [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. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. This can help a defendant avoid collateral consequences in a civil lawsuit that arises from the same events as the criminal case. The appellate court upheld the conviction, stating that Alford had entered the plea fully understanding what it meant. 25.) This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. In most cases, the prosecution has no incentive to accept an Alford plea as part of such a deal. "In support of the challenge, the defendants served evidential material not previously available to the CDPP and AFP. This allows the accused to accept a plea bargain for a lesser sentence than he would receive if convicted at trial. 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. Press J to jump to the feed. The sentence was handed down after the pair entered Alford pleas -- often dubbed the "guilty yet innocent" plea. The defendant thus may need to plead not guilty if they want to preserve the issue for appeal. It is a way of pleading guilty, without admitting guilt. What Does an Innocent Man Have to Do to Go Free? 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. It is not uncommon for certain elements of a crime, which are in and of themselves criminal acts, to come to light during the investigation and trial process. 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. Such things as the judges memory of having dealt with the defendant before, or even a consideration of how the community feels about the case, could affect the judges opinion. 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. Is it the same thing? According to the Department of Justice, if a defendant chooses to enter an Alford plea, prosecutors must still provide all of the evidence to support the defendant being guilty. 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. 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. 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. Caitlin Atwater, Clayton Peterson, Kathleen Peterson, Michael Peterson, Todd Peterson, Martha [+] Ratliff and Margaret (Ratliff) Blakemore. 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. Rudolf gave his client three options: a no-contest plea, an Alford plea or a new trial. 11. Ward, Bryan. Robbery is a serious offense that earns Lilly a strike. The name, Alford plea, is taken from the caseNorth Carolina v. Alford. This entails considering the seriousness of the crime, and whether the defendant has a prior history of criminal activity. Johnson pointed a gun at officers from a rooftop as they monitored Jefferson Square in September 2020. By February 2017, while awaiting his new trial and aware of how unpredictable a jury can be, Peterson entered an Alford plea and under the terms of the deal, accepted a charge of voluntary manslaughter and was sentenced to time already served. The U.S. Supreme Court decision in North Carolina v. Alford allows a defendant to plead guilty while maintaining their innocence. The distinction between the two is clear (now). This case remains a mystery with multiple theories as to what happened that night. There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. [14], According to the Court, [o]rdinarily, a judgment of conviction resting on a plea of guilty is justified by the defendants admission that he committed the crime charged against him and his consent that judgment be entered without a trial of any kind. [15] However, it quantified that while most pleas of guilty consist of both a waiver of trial and an express admission of guilt, the latter element is not a constitutional requisite to the imposition of criminal penalty. [16] Therefore, a defendant may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime. 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