They may be able to make an Alford plea, depending on the state where they live. ", He explains why a man like Peterson, who maintained his claims of innocence for 16 years, would take such a deal. Because Alford pleas are usually used in the context of a plea bargain. 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. You may opt-out by. Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. The case eventually made its way to the U.S. Supreme Court, which took on the decision of whether the trial court had committed a constitutional error in accepting Alfords guilty plea, even while he maintained his innocence. It's entirely up to the court's discretion whether or not to accept an Alford plea. Manage Settings He was released from prison and remained under house arrest and ordered to wear an ankle monitor. https://supreme.justia.com/cases/federal/us/400/25/(accessed December 13, 2018). Effectively it's a way for a defendant to receive the benefits of an early plea (lesser sentence, lesser charge) without formally admitting guilt. I watch a lot of shows and write about those that are worth the binge. His supporters and lawyers have always argued he was tried by a "kangaroo court" at Guantanamo. Plead Guilty.. Plead Guilty. ProPublica.com. An Alford plea allows the defendant to maintain his innocence while acknowledging that the If you would like this removal reviewed, please read the detailed rules first. Most of the time the prosecution won't agree to an Alford plea. She was found dead at the bottom of a staircase in their Durham, North Carolina mansion. 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. Gunna was sentenced to five years with one served in prison. Keeping these cases closed with no investigation means that the true culprit of these crimes is often left undiscovered and unpunished. [3] Known by the moniker The West Memphis Three, they maintain their innocence. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. He won't make a deal pleading guilty tho. https://www.law.cornell.edu/wex/alford_plea(accessed December 11, 2018). 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. 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. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. The DPP had argued the profits of his memoir, titled Guantanamo: My Journey, were the proceeds of crime. Thompson, a desperate man who had served nearly 20 years in prison, took the plea and walked out of prison that same day(4). 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. Robbery is a serious offense that earns Lilly a strike. It allows the defendant to appeal a certain issue in the case to a higher court, which will determine whether the lower court made a mistake. Your submission has been removed for the following reason(s): If you don't know how to explain something, don't just guess. Immediately, Peterson told Rudolf he didnt want to do that because that meant that on the record hed be guilty of killing Kathleen and he stood by his original claims of innocence. He is also the host of "True Crime Daily: The Sidebar Podcast. The consent submitted will only be used for data processing originating from this website. Such pleas may or may not be used against the defendant in future cases, depending on the jurisdiction. Excellent and informative answer. The Alford Plea arises out of a US Supreme Court Case that originated in North Carolina in 1970. Last reviewed October 2022 They want the admission of guilt. 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. Owens on the other hand, took a legal risk and refused the deal, telling his attorney Steven Mercer that he wanted to clear his name and would wait however long it took. 1. 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 Alford Plea would allow you to cut a deal with criminal prosecutors without the admission of guilt that could be used in civil trial. What Does an Innocent Man Have to Do to Go Free? From what I understand it's basically when you go to court for something and say "i'm pleading guilty, but i'm not admitting guilt". Hicks's book was released last year and covers everything from hislife in Adelaide to his training with fundamentalist Islamic armed forces. The effect of an Alford plea includes the obvious benefit of a getting a break on a potentially severe sentence; it may also serve to protect the defendant from being charged with other related crimes. [20], When we told prosecutors we were innocent, they put us in prison for life. Alford Plea. If a defendant is innocent but still chooses the plea deal out of the interest of security, their attorney is no longer in an ethical dilemma of whether or not they should allow their innocent client to plead to something they did not commit, with Alford because it allows them to still maintain their innocence. [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. | Accessibility. Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. Rose, Megan. "I feel like this acknowledges Guantanamo Bay and everything is illegal.". Visit our attorney directory to find a lawyer near you who can help. Not only can an Alford plea count as a strike in future cases, but if the defendant already has two strikes when he accepts the plea bargain, the strike may affect sentencing on the current case. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. He said he was pleased the authorities seemed to have concluded that his conviction at Guantanamo was "unfair" and "obtained through duress". 10. The Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford. An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in Feuer, Allen. 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. 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. 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. [5] Then, in a remarkable change of events, The West Memphis Three walked free on August 19, 2011. 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. Henry Alford died in prison, just five years after the High Courts ruling. An Alford plea allows a defendant to plead guilty while maintaining their innocence. He'd rather take the chance. But because he would have faced the death penalty if convicted, he pleaded guilty to second-degree murder -- all the while maintaining his innocence. (Edit: innocent, not guiltykinda crucial). This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. & Pub. 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. Alford pleas may offer defendants security, and immediate relief from their charges, but prosecutors often times use Alford maintain their courtroom records or to cover up misconduct. [15] North Carolina v. Alford, 400 U.S. 25, 32, 91 S. Ct. 160, 164 (1970). Q. This site is protected by The rare plea serves as a final resort to avoid trial or a severe sentence for those who are indeed guilty. 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. If you have a pending criminal charge, contact the attorneys of Olson Defense at (952) 835-1088. A defendant may be confident in their innocence but feel reluctant to take the risk of going to trial. 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. During this period, Peterson and his then-attorney David Rudolf had to decide how to proceed forward. Tweet. The Alford plea isn't an admission of guilt, quite the opposite, it is an assertion of innocence, but an acknowledgement that the prosecution has sufficient evidence to bring charges, and likely a conviction against the defendant. 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. When someone is wrongfully convicted, taking an Alford plea may seem like a way out of a tragic situation. More often than not, a defendant who accepts a plea bargain will plead guilty to a charge. Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. 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. 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). This is not something the defendant just does, but something that would be offered as part of a plea bargain after discovery. 68 (2003)1-33. 2d 162 (1970). Ratliff and Margaret (Ratliff) Blakemore. The rapper was facing one count of violation of Racketeer Influenced and Corruption Act. 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