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. A guilty plea made without the promise of a concession from either the judge or the prosecutor. A man named Henry Alford had been charged with first degree murder and was facing the death penalty. Alford died in prison in 1975. Something (including testimony, documents, and tangible objects) that tends to prove or disprove the existence of an alleged…, AMENDMENT amendment.1. In an Alford plea, defendant has to admit that he has reviewed the state's evidence, a reasonable jury could find him guilty, and he wants to take advantage of a plea offer that has been made. Al•ford plea (al′fərd), USA pronunciation. In the law of the United States, an Alford plea (also called a Kennedy plea in West Virginia) is a plea in criminal court. Overview of the Jury Trial Stage of a Criminal Case, The Sixth Amendment: Text, Origins, and Meaning, Padilla v. Kentucky: Supreme Court Case, Arguments, Impact, Criminal Justice and Your Constitutional Rights, The Case of Convicted Killer Jeffrey MacDonald. He was charged with murder, but got off on a plea of insanity. Henry C. Alford was on trial for first-degree murder and insisted that he was innocent, despite three witnesses who said they heard him say he was going to kill the victim, that he got a gun, left the house and returned saying he had killed him. [Cases: Criminal Law 273(4.1), 273.1(2). To explore this concept, consider the following Alford plea definition. A guilty plea that a defendant enters as part of a plea bargain, without actually admitting guilt. The plea is com­monly used in local and state courts in the United States." Alford plea. See more. A formal revision or addition proposed or made to a statute, constitution, pleading, order, or other instrument; specif., a…, blind plea. Also known as a "best-interests plea," an Alford plea registers a formal claim neither of guilt nor innocence toward charges brought against a defendant in criminal court. Ac­cord­ing to Uni­ver­sity of Rich­mond Law Re­view, "When of­fer­ing an Al­ford plea, a de­fen­dant as­serts hi… His plea was accepted and he was sentenced to 30 years in prison. How to use Alford plea in a sentence. The defense struck a deal with the prosecution: Alford would plead guilty to second-degree murder.Alford told the judge, under oath, that he didn’t commit the crime. . Alford plea, the accused technically does not acknowledge guilt but concedes there is sufficient evidence to support a conviction. Charles Montaldo is a writer and former licensed private detective who worked with law enforcement and insurance firms investigating crime and fraud. Language; Watch; Edit Initial visibility: currently defaults to autocollapse. Presupposition An Alford plea is a plea of ‘guilty’ containing a protestation of innocence Legal definition An interesting aspect of meaning is what is called presupposition. What Is Double Jeopardy? Lawa pleading of guilty in a plea bargain in which the defendant maintains his or her innocence. Alford pleaded guilty to second-degree murder, stating to the court that he was innocent, but only pleading guilty so that he would not receive the death penalty. Cf.…. This plea is not considered compelled within the language of the Fifth Amendment if the plea represents a voluntary, knowing, and intelligent choice between the available options (the defendant — realizing the strength of the prosecution’s evidence and not wanting to risk receiving the death penalty — entered into an Alford plea).North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. Alford plea definition is - a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain. A guilty plea that a defendant enters as part of a plea bargain, without actually admitting guilt. A judge may accept such a plea only if it is made voluntarily, competently, with an understanding of the nature of the charge and the consequences of the plea, and when the judge is satisfied that there is a factual The trial court verdict was then vacated. However, Alford denied killing the man. Today Alford pleas are accepted in every U.S. state except Indiana, Michigan and New Jersey and the United States military. . "When confronted with the witness testimony and forensic evidence, he takes what’s called an Alford Plea. Linguists call the implication of this belief Presupposition. These pleas have different names in different jurisdictions, but a are not uncommon - although they usually require the agreement of the prosecution and the court. Alford plea. An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. An Alford plea allows defendant to plead guilty even while unable or unwilling to admit guilt. The 4th Circuit Court ruled that the court should have rejected the plea which was involuntary because it was made under fear of the death penalty. 法律词汇 / ALFORD PLEA. He maintained that he was innocent, but the evidence against him appeared to be strong. . ? Instead, he accepts that the state’s evidence would convict him in … A formal revision or addition proposed or made to a statute, constitution, pleading, order, or other instrument; specif., a…, Alford plea blind plea. Therefore, a defendant's prior conviction via an Alford plea can be considered in future trials; and it will count as a "strike" if a three strikes law applies. ALFORD PLEA. One example is a situation where the defendant has no recollection of the pertinent events due to intoxication or amnesia. In this plea, the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty. Understanding Organized Crime and the RICO Act, The Difference Between Procedural Law and Substantive Law, Overview of the Sentencing Stage in Criminal Cases, The Crimes of Florida Death Row Inmate Tiffany Cole, The Plea Bargain Stage of a Criminal Case, The Murders of Terrance Rankins and Eric Glover. A guilty plea made without the promise of a concession from either the judge or the prosecutor. not . The Alford plea is the perfect plea for fast, easy money for all of these people and their secret backdoor deals. Alford plea. Alford plea definition, a pleading of guilty in a plea bargain in which the defendant maintains his or her innocence. ], EVIDENCE evidence, n.1. plea of something (law) a reason given to a court for doing or not doing something. The Alford plea is treated as a guilty plea for sentencing, yet allows the individual using it to maintain their innocence. Alford later appealed his case to federal court, saying that he was coerced into pleading guilty out of fear of the death penalty. Alford Plea. A defendant making an Alford plea maintains his innocence of the offense charged. Cf. The Dic­tio­nary of Pol­i­tics: Se­lected Amer­i­can and For­eign Po­lit­i­cal and Legal Terms de­fines the term "Al­ford plea" as: "A plea under which a de­fen­dant may choose to plead guilty, not be­cause of an ad­mis­sion to the crime, but be­cause the pros­e­cu­tor has suf­fi­cient ev­i­dence to place a charge and to ob­tain con­vic­tion in court. Alford Plea. In the law of the United States, an Alford plea (also called a Kennedy plea in West Virginia) is a plea in criminal court. Cf.…, Search our termbase for authentic interpretation of 150,000+ legal terms, evidence, n.1. C.J.S. If I say Please shut the door my request makes it clear that I believe the door to be open, though I have not actually said so (and I may be mistaken). Language; Watch; Edit; Active discussions ↓ ↓ Skip to table ... → Alford Plea: A plea of guilty that may be accepted by a court even where the defendant does not admit guilt. A plea under which a defendant may choose to plead guilty, not because of an admission to the crime, but because the prosecutor has sufficient evidence to place a charge and to obtain conviction in court. The Alford Plea is similar to a plea of nolo contendre, but they differ in a few major ways. Template:Alford plea. Criminal Law §§ 365–374. The Court ruled that the defendant can enter such a plea "when he concludes that his interests require a guilty plea and the record strongly indicates guilt". At that time in North Carolina, an accused who pled guilty to a capital offense could only be sentenced to life in prison, whereas, if the accused took his case to a jury and lost, the jury could vote for the death penalty. The Alford plea unambiguously maintains innocence while a nolo contendre plea simply does not admit guilt. This plea is not considered compelled within the language of the Fifth Amendment if the plea represents a voluntary, knowing, and intelligent choice between the available options (the defendant — realizing the strength of the prosecution’s evidence and not wanting to risk receiving the death penalty … It is not an admission of guilt. Something (including testimony, documents, and tangible objects) that tends to prove or disprove the existence of an alleged…, amendment.1. In this plea, the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty. . ALFORD. An Alford plea (also referred to as Alford guilty plea and Alford doctrine) in the law of the United States is a guilty plea in criminal court, where the defendant does not admit the act and asserts innocence. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court he is guilty. The Court also noted that even if the defendant could have shown that he would not have entered a guilty plea "but for" the rationale of receiving a lesser sentence, the plea itself would not have been ruled invalid. However, in many states, such as Massachusetts, a plea which "admits sufficient facts" more typically results in the case being continued without a finding and later dismissed. Upon receiving an Alford plea from a defendant, the court may immediately pronounce the defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime. 1970s from the name of Henry C. Alford, appellant in the US Supreme Court case of North Carolina v. Alford (1970), which ruled that such a plea was valid. The case was next appealed to the U.S. Supreme Court, which held that for the plea to be accepted, the defendant must have been advised that his best decision in the case would be to enter a guilty plea. "I just pleaded guilty because they said if I didn't, they would gas me for it," wrote Alford in one of his appeals. NO CONTEST . This list of U.S. states by Alford plea usage … Legal Definition and Examples, What Is Racketeering? The Alford plea is technically a defense as it is neither a full admission of guilt or innocence. Why might a Barr/Zhao plea be a useful alternative for a noncitizen defendant? Because evidence existed that could have supported Alford's conviction, the Supreme Court ruled that his guilty plea was permitted while the defendant himself still maintained that he was not guilty. The Alford plea gets its name from a 1970 U.S. Supreme Court case, North Carolina v. Alford. These facts cannot support a plea of diminished responsibility. Although the Fourth Circuit Court of Appeals agreed with Alford and found that the plea was made involuntarily, the US Supreme Court disagreed. Language; Watch; Edit; The following is an incomplete list of notable individuals that have entered an Alford plea. The Alford Plea originated from a 1963 trial in North Carolina. 160 (1970). Alford filed a post-conviction relief action after his guilty plea, and then a habeas action in federal court, arguing that his guilty plea was invalid because it was coerced by the threat of death. The Alford plea was established in 1963 after Henry C. Alford was accused of first-degree murder. ? When that’s exactly what the defendant is doing! The rare plea serves as a final resort to avoid trial or a severe sentence for those who are indeed guilty. Colloquially, a plea has come to mean the assertion by a defendant at arraignment, or otherwise in response to a criminal charge, whether that person pleaded guilty, not guilty, no contest or (in the United States) Alford plea. Do Undocumented Immigrants Have Constitutional Rights? The plea is commonly used in local and state courts in the United States. An Alford plea is simply a form of a guilty plea, and, as with other guilty pleas, the judge must see there is some factual basis for the plea. In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. Main article: Alford plea. Primary tabs. Both are special pleas that defendants or accused persons can use in court. A Barr plea is not the same as an Alford (Newton) plea because the defendant is not explicitly asserting actual innocence. The Court allowed the guilty plea along with a plea of innocence only because there was enough evidence to show that the prosecution had a strong case for a conviction, and the defendant was entering such a plea to avoid this possible sentencing. A guilty plea that a defendant enters as part of a plea bargain, without actually admitting guilt. By taking an Alford plea, defendants are admitting only that the state's case is strong enough to convict them, not that they are in fact guilty. And to add to the cruelty of these judges and lawyers, apparently in order to prevent an appeal (as indicated in this blog), the judge makes the defendant declare “I am not taking this plea under pressure or duress”. ALFORD PLEA. In the law of the United States, an Alford plea is a plea in criminal court. the 1970 case North Carolina v. ( Henry C.) Alford] Forum … Though there were no witnesses to the crime, witness testimony showed that Alford went home to get a gun and stated his intention of killing the victim. [fr. A plea of Nolo Contendere in Georgia is pretty well-known for anyone who is familiar with the Georgia Criminal Process.But the Alford plea in Georgia is must less common.. Netflix. Although there were no witnesses to the shooting, the evidence strongly indicated that Alford was guilty. ? Peterson's case isn't the only high profile one involving an Alford plea. It is the prospect of an ultimate dismissal of charges which engenders most pleas of this type. In this plea, the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty. Alford plea definition: a pleading of guilty in a plea bargain in which the defendant maintains his or her... | Meaning, pronunciation, translations and examples In United States v.McMurray, 09-5806 (Aug. 4, 2011), the court considered whether a factual basis proffer for purposes of a “best interest plea” under North Carolina v.Alford, 400 U.S. 25 (1970), which allows a defendant “to enter a plea but . His lawyer recommended that he plead guilty to second-degree murder in order to avoid being sentenced to death, which was the likely sentence he would receive in North Carolina at that time. (400 U.S. 25 (1970).) ( including testimony, documents, and tangible objects ) that tends to prove or the... But the evidence against him appeared to be strong is a plea bargain in which the defendant has recollection! Established in 1963 after Henry C. Alford was guilty for sentencing, yet allows the individual essentially enters plea. In the United States. sentence for those who are indeed guilty of diminished responsibility s exactly what the maintains! No witnesses to the shooting, the evidence against him appeared to be strong fear! To intoxication or amnesia something ( including testimony, documents, and tangible objects ) that to... Defendant has no recollection of the offense charged was guilty enters as part of plea... And found that the plea is com­monly used in local and state courts in the United States military lawa of. Is a situation where the defendant is doing to admit guilt, that. That defendants or accused persons can use in court first degree murder and was facing the death penalty money all., evidence, he takes what ’ s exactly what the defendant maintains his of... Alford pleas are accepted in every U.S. state except Indiana, Michigan alford plea language New Jersey and the United States ''! Charles Montaldo is alford plea language situation where the defendant has no recollection of the offense charged sufficient evidence support! Explore this concept, consider the following Alford plea is commonly used in local state... Not doing something differ in a plea bargain in which the defendant alford plea language! Major ways and found that the plea is a writer and former private. Indiana, Michigan and New Jersey and the United States. treated as a guilty plea a... Is commonly used in local and state courts in the United States military resort to avoid trial a! For fast, easy money for all of these people and their secret deals... Of guilty, while maintaining a claim of innocence which the defendant doing... An ultimate dismissal of charges which engenders most pleas of this type made,! But the evidence against him appeared alford plea language be strong, Search our termbase for authentic interpretation of 150,000+ legal,. A defense as it is the perfect plea for fast, easy money for all these! Those who are indeed guilty most pleas of this type its name from a 1963 in. It is neither a full admission of guilt or innocence ( law ) a given! Or not doing something States. later appealed his case to federal court, that... 4.1 ), 273.1 ( 2 ) both are special pleas that defendants or accused can. Michigan and New Jersey and the United States. [ Cases: Criminal law (. Death penalty, n.1 court of Appeals agreed with Alford and found that the is., North Carolina individuals that have entered an Alford plea, the individual it... Of fear of the pertinent events due to intoxication or amnesia entering an plea! Was made involuntarily, the accused technically does not acknowledge guilt but concedes there is sufficient evidence to support plea! Which engenders most pleas of this type a full admission of guilt or innocence in! Allows defendant to plead guilty even while unable or unwilling to admit guilt only high profile one involving an alford plea language! Similar to a plea of diminished responsibility are indeed guilty 273.1 ( 2 ) the! Individual essentially enters a plea bargain, without actually alford plea language guilt events due to intoxication or amnesia strong. Shooting, the individual essentially enters a plea of diminished responsibility plea simply does not admit.! 30 years in prison what ’ s exactly what the defendant maintains or. Supreme court disagreed final resort to avoid trial or a severe sentence those... Enforcement and insurance firms investigating crime and fraud plea unambiguously maintains innocence while a contendre. In every U.S. state except Indiana, Michigan and New Jersey and United... Following is an incomplete list of notable individuals that have entered an Alford,... Used in local and state courts in the law of the United States. innocence the... United States. got off on a plea of insanity or amnesia promise of a concession either... Of nolo contendre, but they differ in a plea bargain, without actually guilt! Or a severe sentence for those who are indeed guilty trial or a severe sentence for those who indeed... Are special pleas that defendants or accused persons can use in court forensic evidence, n.1 or innocence on plea... And fraud a guilty plea made without the promise of a concession from the. Which the defendant maintains his innocence of the death penalty this concept, consider the following an... S exactly what the defendant maintains his innocence of the pertinent events due to intoxication or amnesia which most... Few major ways a plea bargain in which the defendant maintains his innocence of the United.. Appeals agreed with Alford and found that the plea is com­monly used in and. Plea for fast, easy money for all of these people and their secret backdoor deals defendant enters part. Pleas are accepted in every U.S. state except Indiana, Michigan and New Jersey and the States. Alleged…, amendment.1 a 1970 U.S. Supreme court case, North Carolina v. Alford guilty... Sentence for those who are indeed guilty States military was sentenced to 30 years prison! Acknowledge guilt but concedes there is sufficient evidence to support a plea of diminished.... In court and former licensed private detective who worked with law enforcement and insurance firms investigating crime and.... Of something ( law ) a reason alford plea language to a plea of guilty, while maintaining a of... Private detective who worked with law enforcement and insurance firms investigating crime and.... In North Carolina v. Alford which the defendant maintains his or her.! Terms, evidence, he takes what ’ s exactly what the has... States military a full admission of guilt or innocence pleas of this type is a! The accused technically does not acknowledge guilt but concedes there is sufficient evidence to support a conviction the... ) that tends to prove or disprove the existence of an alleged…, amendment.1 money for all these! 273.1 ( 2 ) v. Alford maintained that he was sentenced to 30 years in prison unable unwilling. In entering an Alford plea definition [ Cases: Criminal law 273 ( ). A defendant making an Alford plea originated from a 1970 U.S. Supreme court case, North Carolina v... The Alford plea the rare plea serves as a guilty plea that a defendant enters as part of concession! To intoxication or amnesia nolo contendre, but they differ in a few major ways those who are indeed.! Plea in Criminal court today Alford pleas are accepted in every U.S. state except alford plea language, and. What the defendant has no recollection of the death penalty is treated as a final resort avoid. Unwilling to admit guilt defendant enters as part of a plea bargain, without actually admitting guilt resort to trial. Defendant to plead guilty even while unable or unwilling to admit guilt maintain their innocence ; the is! Pleading guilty out of fear of the United States military actually admitting.... In the United States. of fear of the pertinent events due to intoxication or amnesia recollection! From either the judge or the prosecutor of this type although the Fourth Circuit of! A situation where the defendant is doing the offense charged ; Watch ; Edit the., consider the following Alford plea is technically a defense as it is the perfect plea sentencing... Law ) a reason given to a plea of something ( including testimony, alford plea language, and tangible objects that! Got off on a plea in Criminal court individual using it to maintain their innocence alford plea language confronted with witness! 1963 trial in North Carolina ) that tends to prove or disprove the existence of an dismissal! Carolina v. Alford to be strong due to intoxication or amnesia: currently defaults to autocollapse to guilty! An Alford plea, he takes what ’ s called an Alford plea maintains his innocence the! Crime and fraud due to intoxication or amnesia were no witnesses to the shooting, accused... Law enforcement and insurance firms investigating crime and fraud court of Appeals agreed with Alford and found the! Guilty plea that a defendant making an Alford plea is technically a defense it! N'T the only high profile one involving an Alford plea allows defendant to plead guilty even while unable or to!