The Director of Public Prosecutions has dropped a case against former Guantanamo Bay inmate David Hicks. In the judges review of the plea, he must determine that the defendant is knowingly and intelligently accepting the guilty, or Alford, plea. For this reason, an Alford plea does count as a strike, in states that have a three-strikes law, or other habitual offender law. Overall, the Alford plea as well as many other plea bargains began as something that was seen as a compromise for both parties, that served everyones interests equally. Star Athletica, L.L.C. The rapper was facing one count of violation of Racketeer Influenced and Corruption Act. A few states like New Jersey and Indiana expressly forbid Alfred pleas. Copyright 2023 The University of Alabama Hicks's book was released last year and covers everything from hislife in Adelaide to his training with fundamentalist Islamic armed forces. Attorney David Rudolf with Michael Peterson in court. Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. In the law of the United States, an Alford plea is a plea in criminal court. 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. The Alford plea gets its name from the United States Supreme Court case, North Carolina v. Alford, 400 U.S. 25, 91 S. Ct. 160, 27 L. Ed. Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. if it was found that the defendant's lawyer failed to summon a key witness to support the defendant's innocence). However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. He later sued the State for the 21 years he spent wrongfully imprisoned and was awarded a settlement of 9 million dollars. We're punishing an innocent person!" The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). The Alford plea is extremely important in some cases and circumstances just look at the WM3 or West Memphis 3. 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. Avoiding this process may, in the end, reduce the defendants culpability, conviction, and sentencing for those acts. [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. Alford pleas are not your typical plea. Hisbook is thought to have sold about 30,000 copies. 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. The appellate court upheld the conviction, stating that Alford had entered the plea fully understanding what it meant. In Baltimore Maryland in the year 1998, James L. Owens and James A. Thompson were both convicted of the rape and murder of 24-year old college student Colleen Williar (1). Create an account to follow your favorite communities and start taking part in conversations. I don't really understand the example you use unless I've misread or misunderstood. Copyright Duquesne University School of Laws Juris Magazine 2017. You told me to plead guilty, right. E.g. 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. "If there wasany evidence, if any crime had been committed, we would have been able to proceed at court but they've pulled the pin," he said. 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. a grossly culpably negligent surgeon kills his patient on the operating table. An Alford plea allows a defendant to plead guilty while maintaining their innocence. 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 a statement, the DPP said the decision to drop the case had been made after new evidence came to light. Juris Magazine also disclaims all liability for any material contained in other websites linked to the Juris Blog website. What's the difference between that and a no contest plea? 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. Your submission has been removed for the following reason(s): If you don't know how to explain something, don't just guess. In Alford v. North Carolina, the Supreme Court upheld this special type of plea agreement. | Privacy This certainty can provide comfort to the defendant and their family. 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 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. 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These effects could include losing government benefits or the legal right to vote and render many defendants feeling as though they are psychological slave(s)(10) to the courts, with the prosecution convincing them to believe there is still enough evidence to convict them at any time. He'd rather take the chance. Rose. Alford pleas only make sense in a select few cases that are in between these scenarios. [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. He was released from prison and remained under house arrest and ordered to wear an ankle monitor. When any defendant enters a plea other than not guilty, the judge must review the case, and determine whether to accept the plea, and move on to sentencing. code or county). There, it may be in a defendants best interests to take an Alford plea. 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. 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. An Alford plea allows the defendant to maintain his innocence while acknowledging that the Although the theory of the Alford plea may seem positive facially, in practice, this plea is often abused or creates negative results from its use. So then there's no plea bargain at all. Such pleas may or may not be used against the defendant in future cases, depending on the jurisdiction. 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. Often, they occur on the eve of trial when the parties want to come to a resolution, but the defendant really wants to 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. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Start your free trial today and get unlimited access to America's largest dictionary, with: Alford plea. Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/Alford%20plea. Hed lost faith in the criminal justice system. What Does an Innocent Man Have to Do to Go Free? Pleading 'guilty' to the criminal charge would effectively mean the civil suit and disciplinary hearing was automatically lost. While entering his plea, Alford maintained that he was innocent, In this example, the Alford plea ensures Johnny has a much shorter sentence than he would receive if he was convicted of the shooting at trial. You may opt-out by. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. 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. Excellent and informative answer. 2023. In an Alford plea defendent maintains their innocence while admitting the evidence discovered would likely result in them being found guilty. He is also the host of "True Crime Daily: The Sidebar Podcast. ", He explains why a man like Peterson, who maintained his claims of innocence for 16 years, would take such a deal. [12] Alford asserted his innocence, but because of the strong evidence against him, his attorney advised him to plead guilty to a reduced charge. 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. Often, a defendant may strongly maintain their innocence for several reasons, such as civil liability or simply their righteous indignation. Sometimes this can be just for personal reasons such as pride, but it can be useful when there is the prospect of civil action, professional disciplinary proceedures, etc in addition to a criminal change. 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. Rudolf gave his client three options: a no-contest plea, an Alford plea or a new trial. We and our partners use cookies to Store and/or access information on a device. The police investigation led them to believe that Johnny was the shooter, but Johnny knows he would not have shot anyone, even if they were arguing and fighting. They may be able to make an Alford plea, depending on the state where they live. Alford was charged with his murder and He said he was pleased the authorities seemed to have concluded that his conviction at Guantanamo was "unfair" and "obtained through duress". 5. All rights reserved. While entering his plea, Alford maintained that he was innocent, but pleading guilty due to the threat of the death penalty, according to the Legal Information Institute at Cornell University. Ellington said [i]t certainly was not a perfect resolution to the case for the state but it was much better than having three trials, trying to convince 36 jurors of the defendants guilt using old evidence, failed memories, changed minds, [and] dead witnesses. [10]. 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. A recent case shows how Alford pleas are used in practice. Outside court today, Hicks said the DPP's decision brought him some closure and helped clear his name. That suing party will have to prove it the long way by presenting evidence, etc. Alford plea means if you are facing a civil suit, the party suing you can't cite your guilty plea as proof you did whatever deed caused damages. His supporters and lawyers have always argued he was tried by a "kangaroo court" at Guantanamo. As with all plea bargains, an Alford plea is not a right and it is ultimately up to the prosecutor and judge to decide if they will offer it. Generally, if you plead guilty, you get a more lenient sentance than if you pled not guilty and went ahead with a long, costly trial. It also details his years inGuantanamo Bay in Cuba and his conviction for supporting terrorism. By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. 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. We're punishing an innocent person!" 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. Welcome to the Capstone Commentary, an online platform where students interested in legal research can test their hand at writing about the law. This can help a defendant avoid collateral consequences in a civil lawsuit that arises from the same events as the criminal case. The Supreme Court took up the case to allow for these circumstances. New comments cannot be posted and votes cannot be cast. This site is protected by So they know he's connected but can't prove its him over the brother without reasonable doubt and so does the dedefendant. 68 (2003)1-33. According to reports, Alford got into a fight with a man named Nathaniel Young, who later died from a shotgun wound. 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. 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. Netflix The right to appeal based on ineffective assistance of counsel also may be automatic, regardless of whether the plea was conditional. "The challenge also relied upon the fact that Mr Hicks entered what is known in the United States as an Alford plea," the statement said. The Supreme court upheld the conviction, and sentencing for those acts also disclaims all liability for any contained! 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