Stay up-to-date with how the law affects your life. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. 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). v. Varsity Brands, Inc. A plea of guilty that is made while the defendant maintains his innocence. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). Outside court today, Hicks said the DPP's decision brought him some closure and helped clear his name. 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). Sixteen months later, in fall of 2008, the State prosecutor informed the judge that the State was declining to prosecute, and Owens walked out of jail completely exonerated. 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. punishment). has its version, a 13-episode documentary series, and HBO Max has the scripted version starring Toni Collette and Colin Firth. He is also the host of "True Crime Daily: The Sidebar Podcast. 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. Often, they occur on the eve of trial when the parties want to come to a resolution, but the defendant really wants to Continue with Recommended Cookies. Gunna was sentenced to five years with one served in prison. If you have a pending criminal charge, contact the attorneys of Olson Defense at (952) 835-1088. "This is a type of plea not recognised in Australia, whereby a defendant is able to acknowledge that the available evidence is sufficient to prove the case beyond reasonable doubt without admitting commission of the offences charged. Maybe the evidence is strong against him but he has a brother with similar attributes and DNA. The case involved three Arkansas teens who were convicted of murdering three eight-year-old boys in 1994. Is there a difference in sentencing between the two? The Court ultimately ruled that the court could accept a guilty plea when the defendant was simultaneously claiming he was innocent. In Alfords case, there had been enough evidence to build a strong case for his conviction, which would expose him to the death penalty. With an Alford plea, the defendant -- typically only with the court's permission -- accepts all the ramifications of a guilty verdict (i.e., punishment) without first attesting to having committed the crime. Two of the defendants, Jason Baldwin An Alford plea allows a defendant to plead guilty while maintaining their innocence. Tweet. What Does an Innocent Man Have to Do to Go Free? The man was shot in the chest, and required several hours of surgery, followed by a lengthy hospitalization to save his life. 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. 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. 4. 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 While other suspects were 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. Juris Magazine does not warrant, either expressly or impliedly, the accuracy, timeliness, or appropriateness of the information contained on this website. Don't be surprised if none of them want the spotl One goose, two geese. | Data Access Request 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. Pittsburgh, PA 15282 Your submission has been removed for the following reason(s): If you don't know how to explain something, don't just guess. 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. Netflix Copyright 2022, Thomson Reuters. 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. And you authorized me to tender a plea of guilty to second degree murder before the court? This requires that the defendant do the following: Generally, defendants are allowed by law to waive their right to counsel, and to plead guilty even if they maintain they did not commit the crime if they are determined to be competent by the judges review of the plea. Dale will be sentenced in April. 1970 U.S. Supreme Court decision on the case of North Carolina v. Alford. Plead Guilty. ProPublica.com. 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. In 1963, Henry Alford was charged with first-degree murder, which would have made him eligible for the death penalty in North Carolina. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. 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. That suing party will have to prove it the long way by presenting evidence, etc. Henry Alford died in prison, just five years after the High Courts ruling. [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 [11] Curtis J. Shipley, The Alford plea: A Necessary but Unpredictable Tool for the Criminal Defendant, 72 Iowa L. Rev. 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. Ward, Bryan. While entering his plea, Alford maintained that he was innocent, Finally, the Alford Plea allows both defendants and their counsel to refrain from perjuring themselves to the court and removes the incentive to lie. The four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). E.g. 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 Not only do these pleas harm the justice system as a whole, it is also important to remember the damaging effects of this plea has on the victims and their families. Atlanta rapper Gunna was released from the Fulton County Jail on Wednesday after pleading guilty to his part of a sweeping gang indictment that also includes rapper Young Thug. An Alford plea is not a guilty plea, it's a statement of "I'm not guilty but I'm not going to fight it". There, it may be in a defendants best interests to take an Alford plea. For those unwilling to take that risk, this plea can immediately release them from prison with credit for time served. When someone is wrongfully convicted, taking an Alford plea may seem like a way out of a tragic situation. 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. 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. We're punishing an innocent person!" The defendant will be able to withdraw the guilty or no contest plea if the appeals court agrees that the trial judge was wrong. Create an account to follow your favorite communities and start taking part in conversations. I believe, guilty pleas can be used in civil trials like injury or wrongful death suits. 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. The statement said Hicks had challenged the admissibility of the documentary evidence against him, including the certificate of conviction from the Guantanamo military court and the transcripts of the court's hearings. Juris Magazine also disclaims all liability for any material contained in other websites linked to the Juris Blog website. 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). Alford pleas only make sense in a select few cases that are in between these scenarios. | Accessibility. Importantly, it has to do with possibly civil trials. 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. The punishment is the same, so refusing to comply with probation will bring the same punishment regardless of why. [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. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. Was indicted for first degree murder alford plea australia 5 ) clear his name defendants best interests to take risk... 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