[3] Known by the moniker The West Memphis Three, they maintain their innocence. https://www.propublica.org/article/baltimore-to-pay-largest-settlement-in-city-history-, 9-million-to-man-wrongfully-convicted-of-murder(accessed December 11, 2018), 3. Copyright Duquesne University School of Laws Juris Magazine 2017. It is easily forgotten that although the Alford Plea may have a negative legacy, the intentions in which it was created with were positive. While other suspects were Poly 27, 30-31. In its real effect, it acts as a guilty plea and a conviction. 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). In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges against the defendant. "I feel like this acknowledges Guantanamo Bay and everything is illegal.". Netflix As a matter of practice, you do not see Alford pleas entered in court frequently. Well, Im still pleading that you all got me to plead guilty. Contact us. 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 Juris Magazine J and the Juris Blog Banner were designed by Meghan Collins and are the intellectual property of Juris Blog and Juris Magazine. 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 prosecutor agreed to a guilty plea for second 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. Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. They want the admission of guilt. The Supreme Court ruled that since Alford was informed by his lawyers of the consequences of accepting the lesser charge, he could choose the lesser charge and face those punishments, even while claiming he was innocent. It's a hail Mary type of plea, usually, to avoid a case going to trial and likely being lost. One of the most infamous cases in recent times involving an Alford plea was that of the West Memphis Three. [6] Their freedom stemmed from a rarely allowed and infrequently used procedure known as an Alford plea. The record before the judge contains strong evidence of actual guilt. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. What's the difference between that and a no contest plea? Effectively it's a way for a defendant to receive the benefits of an early plea (lesser sentence, lesser charge) without formally admitting guilt. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. After being captured in Afghanistan and being held in Guantanamo Bay in 2001, the 35-year-old pleaded guilty to providing material support for terrorism. An Alford plea allows a defendant to plead guilty while maintaining their innocence. The term "Alford plea" is taken from North Carolina v. Alford, a first-degree murder case in North Carolina in 1963 that was appealed to the U.S. Supreme Court. E.g. Aggravating and Mitigating Factors in Criminal Sentencing, Withdrawing a Guilty Plea in a Criminal Case, Ineffective Assistance of Counsel in Plea Bargaining, No Contest Pleas, Conditional Pleas, and Alford Pleas in Criminal Cases, Receiving Immunity for Testimony in a Criminal Case, Expungement and Sealing of Criminal Records, The Mental State Requirement in Criminal Cases, Domestic Violence Restraining Orders Laws and Forms: 50-State Survey. 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. This would expose her to a severe sentence. [2] The teenagers were tried and convicted: Damien Echols was sentenced to death, Jason Baldwin and Jesse Misskelley were sentenced to life in prison without the opportunity for parole. A man named Henry Alford had been charged with first Avoiding this process may, in the end, reduce the defendants culpability, conviction, and sentencing for those acts. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). 5. Ward, Bryan. [14] James W. Diehm, Pleading Guilty While Claiming Innocence: Reconsidering the Mysterious Alford plea, 26 U. Fla. J.L. Rose, Megan. An Alford plea can be a useful tool to criminal defense counsel, criminal defendants, and prosecutors. 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. 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. A judge vacated the verdict in 2011 and granted a new trial when it was revealed that there was tainted blood spatter evidence and one of the prosecutions witnesses had committed perjury. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. In the 1970 Court ruling, Justice Byron White explained that a defendant is free to enter a plea of guilty in the face of innocence, if he decides that it is in his best interests to do so. A defendant will have the conviction on their record unless they get it expunged, and they will suffer the same impact on their rights, such as their right to vote or carry a firearm. So, Alford pleas are generally pretty rare. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. She was found dead at the bottom of a staircase in their Durham, North Carolina mansion. Importantly, it has to do with possibly civil trials. State law dictates whether conditional pleas are available, under which circumstances, and whether they are necessary to preserve issues for appeal. The Supreme Court has allowed for a defendant to plead to a criminal charge while still maintaining their innocence. What Does an Innocent Man Have to Do to Go Free? Q [by Alfords attorney]. 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. 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 All rights reserved. Hes told many a story-slash-lie over the years but of this detail, he has never wavered. Last reviewed October 2022 Though overwhelming evidence showed that Henry Alford likely shot someone to death, Alford maintained his innocence. The fascinating story behind many people's favori Can you handle the (barometric) pressure? He pleaded that he had been wrongfully accused, but people dont want to hear that(11). [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 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. 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. Pittsburgh, PA 15282 However, there are certain other types of pleas in the criminal justice system that offer advantages in some situations. This is usually used in plea bargaining to receive a sentence for a lesser charge, while still maintaining the assertion of innocence. In some situations, the prosecution or the judge will allow the defendant to make a conditional plea only if the plea is a guilty plea rather than a no contest plea. 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. The rare plea serves as a final resort to avoid trial or a severe sentence for those who are indeed guilty. This guilty plea can be used as evidence in future cases, and can be considered in sentencing for future convictions on other charges. Understand the rights he is giving up by entering a plea of guilty. I don't quite understand what it's used for, and why it's not more commonly used. 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. When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. He is also the host of "True Crime Daily: The Sidebar Podcast. Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. For 18 years, Damien, Jason, and Jesse sat behind bars, having appeal after appeal denied. Alford was offered a plea deal in which, if he pled guilty to second-degree murder, he would receive a maximum sentence of 30 years in prison. 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. Meeting with a lawyer can help you understand your options and how to best protect your rights. 25.) We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. Robbery is a serious offense that earns Lilly a strike. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. I always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. Indeed guilty evidence of actual guilt court frequently 's favori can you handle the ( barometric )?. This guilty plea can be considered in sentencing for future convictions on other charges Though overwhelming evidence that... 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