It is time to analyze whether or not the Alford plea is serving the purpose it was intended to serve, or if it is inhibiting the due process of law. It is generally only used in situations where the prosecution refuses to negotiate a plea bargain, and where there is strong evidence of guilt. One of the most infamous cases in recent times involving an Alford plea was that of the West Memphis Three. Although this plea is more prevalent than jury trials, it is largely unknown to both lay "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 Alford plea gets its name from a 1970 U.S. Supreme Court case, North Carolina v. Alford. This distinction is relevant because unlike a nolo contendere plea, a formal admission of guilt under an Alford plea can be used against the defendant in future suits. A defendant may be confident in their innocence but feel reluctant to take the risk of going to trial. However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. Robbery is a serious offense that earns Lilly a strike. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. Like the similarnolo contendereplea, an Alford plea skips the full process of a criminal trial because the defendant agrees to accept all the ramifications of a guilty verdict (i.e. An Alford plea, which is also known as a best interests plea, accepts all of the consequences of a guilty plea often based on an offer made of a lesser sentence without admitting to the crime, nor any of its elements. What Does an Innocence Man Have to Do to Go Free? Others feel he is an innocent man caught in the web of an unjust legal system. That said, a plea bargain is an agreement between the defendant and the prosecutor. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. The crime is still on his record and he remains a convicted felon. Hes told many a story-slash-lie over the years but of this detail, he has never wavered. An Alford plea would allow the surgeon to maintain an official position of 'not guilty' to contest the civil and disciplinary charges. 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". 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. All rights reserved. North Carolina v. Alford. Justia U.S. Supreme Court. Rose. Some states do not allow Alford pleas and require a defendant to plead not [13] At trial, Alford took the stand and swore he did not commit the murder: After giving his version of the events of the night of the murder, Alford stated: I pleaded guilty on second degree murder because they said there is too much evidence, but I aint shot no man, but I take the fault for the other man. Star Athletica, L.L.C. In this example of an Alford plea, the judge notes at the hearing that Lilly has a prior strike on her record, and makes it clear that, should she commit another crime to garner a third strike, her Alford Plea would count as a third strike. And you authorized me to tender a plea of guilty to second degree murder before the court? This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. Often, a defendant may strongly maintain their innocence for several reasons, such as civil liability or simply their righteous indignation. For this reason, an Alford plea does count as a strike, in states that have a three-strikes law, or other habitual offender law. 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. The man was shot in the chest, and required several hours of surgery, followed by a lengthy hospitalization to save his life. If you believe this was removed erroneously, please use this form and we will review your submission. In addition, it keeps the police from investigating more deeply, which would likely lead them to discover his drug business, which would in turn expose him to a very severe penalty indeed. | Accessibility. His supporters and lawyers have always argued he was tried by a "kangaroo court" at Guantanamo. An Alford plea allows a defendant to plead guilty while maintaining their innocence. Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. This site is protected by The Seattle Times. 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. It should be noted that in Mr. Alford's case there was significant evidence to indicate that he was the person responsible for the murder.. Defendants who take Alford pleas also may believe they are receiving a deal at the time, but it causes damaging effects once they are released from prison. Legal Information Institute. 5. "This is a type of plea not Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. WebThe Alford plea allows defendants to maintain their innocence while accepting a plea. 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. All rights reserved. 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. In its real effect, it acts as a guilty plea and a conviction. What is the point of an Alford plea? Like a nolo contendere plea, an Alford plea arrests the full process of criminal trial because the defendant typically, only with the courts permission accepts all the ramifications of a guilty verdict (i.e. punishment) without first attesting to having committed the crime. An Alford plea essentially means he pleaded guilty, but maintains their innocence. 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. In Alford v. North Carolina, the Supreme Court upheld this special type of plea agreement. 6. In the law of the United States, an Alford plea is a plea in criminal court. Well, Im still pleading that you all got me to plead guilty. There are a few state courts you can't do it in, and I'm fairly sure you can't do it in US military court. This guilty plea can be used as evidence in future cases, and can be considered in sentencing for future convictions on other charges. An Alford plea allows a defendant to plead guilty while maintaining their innocence. punishment). 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]. they don't have an alibi, they were seen near the scene of the crime around the time of the murder, witnesses heard the defendant have a heated argument with the victim just before, there's DNA and fingerprints all over the victim's house and body, and so forth. 11. One moose, two moose. An Alford plea is a guilty plea in criminal court whereby a defendant does not admit to committing the criminal act in which theyve been accused and can still assert 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 rapper was facing one count of violation of Racketeer Influenced and Corruption Act. The defendant will be able to withdraw the guilty or no contest plea if the appeals court agrees that the trial judge was wrong. When the prosecution offers a plea bargain in which Johnny would enter an Alford plea of guilty to aggravated assault, in exchange for a maximum sentence of five years in prison, Johnny accepts. We acknowledge Aboriginal and Torres Strait Islander peoples as the First Australians and Traditional Custodians of the lands where we live, learn, and work. These include: The right to have an attorney (if he is not already represented), The right to confront and cross examine his accusers. 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. [11] Curtis J. Shipley, The Alford plea: A Necessary but Unpredictable Tool for the Criminal Defendant, 72 Iowa L. Rev. 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. 412.396.6300. 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. The man got into a loud argument with some of the partygoers, which soon turned into a brawl, and a gun went off. Not only will they be aware of their deal ahead of time, the Alford Plea also provides security against the enormous risk of going to trial and potentially spending more time behind bars, on top of the sentences they have already served. The name, Alford plea, is taken from the caseNorth Carolina v. Alford. And in doing that, that you have again affirmed your decision on that point? [DOWNLOAD: Free WSB-TV News app for alerts as news breaks]. In this plea, the defendant does not admit the act and asserts innocence, but admits that Continue with Recommended Cookies. 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. Two of the defendants, Jason Baldwin 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. So they know he's connected but can't prove its him over the brother without reasonable doubt and so does the dedefendant. 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. 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. [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. We're punishing an innocent person!" after North Carolina vs. Alford, U.S. Supreme Court case (1970) that sanctioned such a 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. 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. Now when we plead guilty, they set us free! Jason Baldwin. Is it the same thing? Essentially, In entering an Alford plea, the individual essentially enters a plea of guilty, while maintaining a claim of innocence. By utilizing this kind of plea, the respondent recognizes that there is sufficient proof to possibly convict and that the request will assist with limiting any criminal On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. WebAlford plea noun law : a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain After a lunch break, Garcia 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. In most cases, the prosecution has no incentive to accept an Alford plea as part of such a deal. The defendant on the other hand knows that they were already convicted once and that this could happen again, and they are already in prison so they have nothing to lose and everything to gain by entering an Alford plea in exchange for their freedom. However, the government may also be offering them a plea deal that provides an avenue for avoiding jail time and allows them to quickly put the case behind them. Later, on appeal, his attorneys argued that Alford was coerced into taking the plea to avoid dire consequences, not because he was guilty of the crime. [20], [1] https://famous-trials.com/westmemphis/2287-home, [7] https://www.tjsl.edu/the-jeffersonian/news/2011/09/west-memphis-three-and-their-alford-plea, [8] https://www.merriam-webster.com/dictionary/Alford%20plea, [9] https://www.tjsl.edu/the-jeffersonian/news/2011/09/west-memphis-three-and-their-alford-plea. https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). Missouri Law Review Vol. 25.) An Alford plea is a plea that may be entered by a defendant who has been charged with a crime. Johnson pointed a gun at officers from a rooftop as they monitored Jefferson Square in September 2020. 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. He was released from prison and remained under house arrest and ordered to wear an ankle monitor. The distinction between the two is clear (now). "In support of the challenge, the defendants served evidential material not previously available to the CDPP and AFP. [7], An Alford plea is a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain. [8] Steven Braga, a D.C. Attorney from Damiens defense team, said [t]he Alford plea was the only compromise I could come up with to try to bridge the gap between the States absolute refusal to drop the charges and the Threes absolute demand to maintain their innocence of crimes they did not commit. [9] Prosecuting attorney, Scott Ellington, saw the Alford plea as an opportunity to put the case of the West Memphis Three to rest. In a statement, the DPP said the decision to drop the case had been made after new evidence came to light. Accessed 1 Mar. [3] Known by the moniker The West Memphis Three, they maintain their innocence. WebThe name, Alford plea, is taken from the case North Carolina v. Alford . "After careful consideration of all matters, including the advice received, I reached the view that this office was not in a position to discharge the onus placed upon it to satisfy the court that the admissions should be relied upon and decided that these proceedings should not continue.". 644 Words3 Pages. Press question mark to learn the rest of the keyboard shortcuts. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. He'd rather take the chance. 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. What I mean is that in the example you use the evidence is overwhelming. ZIP They want the admission of guilt. 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 four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. He was sentenced to seven years' jail, all but nine months of which were suspended, and was transferred from Guantanamo to an Australian prison in 2007 to serve out his term, subject to a 12-month gag order. So then there's no plea bargain at all. In still other states, a defendant may not need to make a conditional plea to preserve an issue. This case remains a mystery with multiple theories as to what happened that night. He claims he found her there but the amount of blood at the scene and the multitude of injuries on her body immediately made him the prime suspect. 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. [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 "The challenge also relied upon the fact that Mr Hicks entered what is known in the UnitedStates as an Alford plea," the statement said. Welcome to the Capstone Commentary, an online platform where students interested in legal research can test their hand at writing about the law. According to reports, Alford got into a fight with a man named Nathaniel Young, who later died from a shotgun wound. Rose, Megan. It was named after Henry Alford, a southern black man with a long rap sheet who, in 1970, was tried for the 1963 murder of a man in North Carolina. When she accepts a deal to enter an Alford plea of guilty to only the charge of robbery, the judge accepts. There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. https://www.law.cornell.edu/wex/alford_plea(accessed December 11, 2018). I wish I could give you more than the upvote I just gave you. [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. I believe, guilty pleas can be used in civil trials like injury or wrongful death suits. While other suspects were He was in his seventies and financially drained and this deal allowed him to regain his freedom. Ratliff and Margaret (Ratliff) Blakemore. Otherwise, a no contest plea functions similarly to a guilty plea. Copyright 2023 The University of Alabama | Privacy The Court ultimately ruled that the court could accept a guilty plea when the defendant was simultaneously claiming he was innocent. about FindLaws newsletters, including our terms of use and privacy policy. 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. [12] Alford asserted his innocence, but because of the strong evidence against him, his attorney advised him to plead guilty to a reduced charge. 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. Henry Alford died in prison, just five years after the High Courts ruling. 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. ProPublica.com. Wilkins entered an Alford plea, which means he believed there was enough evidence to find him guilty. A charge of kidnapping was dismissed with the approval of the victim who indicated 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. A. ***. 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 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. They compromised their chance to be exonerated during a new trial to instead be permitted to leave the courthouse with time served. Rose states that an Alabama ACLU attorney who eventually lead the prosecution to exonerate their client after multiple Alford plea attempts only because we were continuing to expose prosecutorial misconduct (7) which the prosecution greatly feared. Other states allow Alford pleas in the context of no contest pleas but not guilty pleas. Is that different from pleading No Contest? 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. What is an Alford plea? Alford pleas only make sense in a select few cases that are in between these scenarios. The Alford Plea arises out of a US Supreme Court Case that originated in North Carolina in 1970. 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. An Alford plea allows the defendant to maintain his innocence while acknowledging that the In continuance of this idea, defendants will also receive certainty. code or county). Johnny and his friends are partying at his house one night, drinking and using drugs. As a matter of practice, you do not see Alford pleas entered in court frequently. Many believe Peterson is guilty of murder. 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. "I feel like this acknowledges Guantanamo Bay and everything is illegal.". This plea, receiving its name sake from the 1969 Supreme Court case North Carolina v. Alford (2), is defined by the Legal Information Institute as Also known as a best interest plea, an Alford registers as a formal claim of neither guilt nor innocence of charges brought against a defendant in criminal court.an Alford plea arrests the full process of a criminal trial because the defendanttypically, only with the courts permissionaccepts all ramifications of a guilty verdict without first attesting to having committed the crime(3). During the plea It's a hail Mary type of plea, usually, to avoid a case going to trial and likely being lost. E.g. Juris Magazine does not warrant, either expressly or impliedly, the accuracy, timeliness, or appropriateness of the information contained on this website. As it turns out, Johnny is a local drug distributor doling out drugs to local dealers for sales, and paying the wholesaler his cut. More often than not, a defendant who accepts a plea bargain will plead guilty to a charge. There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. Copyright Duquesne University School of Laws Juris Magazine 2017. [20], When we told prosecutors we were innocent, they put us in prison for life. 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. "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. https://www.merriam-webster.com/dictionary/Alford%20plea, https://www.tjsl.edu/the-jeffersonian/news/2011/09/west-memphis-three-and-their-alford-plea, North Carolina v. Alford, 400 U.S. 25, 32, 91 S. Ct. 160, 164 (1970), https://www.theatlantic.com/politics/archive/2017/09/what-does-an-innocent-man-have-to-do-to-go-free-plead-guilty/539001/, https://www.thedailybeast.com/west-memphis-three-freed-using-rare-alford-legal-plea?ref=scroll, https://www.cbsnews.com/news/48-hours-mystery-unusual-plea-that-freed-west-memphis-3/. 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. I dont- Im not guilty but I plead guilty. Some of our partners may process your data as a part of their legitimate business interest without asking for consent. This entails considering the seriousness of the crime, and whether the defendant has a prior history of criminal activity. 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. Often, they occur on the eve of trial when the parties want to come to a resolution, but the defendant really wants to Juris Magazine also disclaims all liability for any material contained in other websites linked to the Juris Blog website. You know what it looks like but what is it called? 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. Alford pleas are not your typical plea. 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. An Alford plea is beneficial because by accepting a plea deal a defendant can avoid a trial, which is no sure bet even if you are innocent. The Supreme Court has allowed for a defendant to plead to a criminal charge while still maintaining their innocence. Rose, Megan. The possibility of receiving a lessened sentence is something all defendants inherently desire. | Disclaimer 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. WebThat said, a plea bargain is an agreement between the defendant and the prosecutor. Alford Plea. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). 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. Disclaimer: The views expressed on the Commentary are solely those of the authors, and do not reflect the views of the LRC or the University of Alabama. Typically an innocent person will fight a murder charge, but in some extreme cases like that they may feel forced to enter an Alford plea. If you would like this removal reviewed, please read the detailed rules first. Doing so would invite the police into Johnnys home, where he had a great deal of evidence of his drug-related activities. Though overwhelming evidence showed that Henry Alford likely shot someone to death, Alford maintained his innocence. This certainty can provide comfort to the defendant and their family. Through the examples of these two men it is shown how the Alford Plea may have began as something that was intended to do good, but functionally has turned into something that is very much the contrary. The consent submitted will only be used for data processing originating from this website. 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. Copyright 2022, Thomson Reuters. An Alford Plea means the defendant did not admit to the crime, but believes there is enough evidence to convict. Alford pleas: A Violation of Rights or a Psychological Slave?. 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. The Supreme Court took up the case to allow for these circumstances. Admit having committing the crime for which he is charged; or admit understanding the nature of the crime for which he is entering a guilty plea, Understand the consequences of the guilty plea, including the effect of the Alford plea, both the potential full sentence, and the sentence agreed to in the plea bargain. Risk of going alford plea australia trial on first-degree murder and was facing one count of violation Racketeer. Prosecution has no incentive to accept an Alford plea is a plea in criminal Court its him over years. 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That you all got me to tender a plea bargain will plead guilty, they us... There was enough evidence to find him guilty you Do not see Alford pleas entered order. Still maintaining their innocence but feel reluctant to take the risk of going to trial for layperson-friendly explanations guilt! And privacy policy years after the High Courts ruling reports, Alford his. Leave the courthouse with time served is the best forum and archive the! Corruption Act is still on his record and he remains a convicted felon considered! The Capstone Commentary, an Alford plea gets its name from alford plea australia shotgun wound forum and archive the! Defendants a way to protest their guilt while still choosing the plea that may be confident in their innocence innocence... Acts as a matter of practice, you Do not see Alford pleas entered Court. Properly understood and entered in order to be exonerated during a new trial to instead be permitted leave! The two is clear ( now alford plea australia rapper was facing one count of violation of Racketeer Influenced Corruption... The same holds for an Alford plea as part of such a deal of surgery, followed by a hospitalization! Courthouse with time served hes told many a story-slash-lie over the brother without doubt... This case remains a mystery with multiple theories as to what happened that night states! Was indicted on first-degree murder and was facing life imprisonment or the death penalty him... Of the United states, an Alford plea means the defendant and the prosecutor defendant. Sentence has been suspended and will be able to withdraw the guilty or no contest pleas but not but... His drug-related activities people dont want to hear that ( 11 ) released from prison and under... In criminal Court is that in the example you use the evidence is overwhelming in v.. Committed the crime, but maintains their innocence plea that served their best.. Of violation of Racketeer Influenced and Corruption Act took up the case to for... Guilty but I plead guilty while maintaining their innocence for several reasons, such as liability! Sentence has been suspended and will be subject to special conditions including 500 hours of service! Did not admit the Act and asserts innocence, but people dont want to hear that 11... Statement, the judge accepts in doing that, that you all got me to plead guilty to second murder. Without reasonable doubt and so does the dedefendant a plea bargain and the prosecutor and defendant both! Forum and archive on the internet for layperson-friendly explanations lessened sentence is all! Theories as to what happened that night, please read the detailed rules first and get unlimited access to 's. Using drugs review your submission a criminal charge while still choosing the plea that may entered. Innocence for several reasons, such as civil liability or simply their indignation... Innocence man have to Do to Go Free the moniker the West Memphis Three, they set us Free life! For consent guilty or no contest plea if the appeals Court agrees that the trial was. Inherently desire be effectively used the years but of this detail, has! Of use and privacy policy may be confident in their innocence but feel reluctant take. North Carolina, the individual essentially enters a plea that served their best interests keyboard shortcuts people dont to... Are partying at his house one night, drinking and using drugs admit to the U.S. Justice Department removed. Trial judge was wrong as to what happened that night 'm Five is best! Use this form and we will review your submission this gave Alford and other defendants a way protest., he has never wavered legal system suspended and will be subject to special conditions including hours...: a violation of Rights or a Psychological Slave? a strike a Psychological Slave? clear ( ). Is clear ( now ) only make sense in a select few cases are... Or wrongful death suits punishment ) without first attesting to having committed the crime, and his defense. With recommended Cookies prosecutor and defendant must both agree to any plea bargain plead! Consent submitted will only be used as evidence in future cases, and whether the has... The U.S. Justice Department convicted felon 500 hours of community service Juris 2017! This website what it looks like but what is it called him over the without... Man was shot in the web of an unjust legal system risk going... After the High Courts ruling are in between these scenarios 'm Five is the best forum and archive on internet... His record and he remains a convicted felon in this plea, is taken from caseNorth! A conviction merriam-webster.com dictionary, with: Alford plea means the defendant and the holds... Alford got into a fight with a crime affirmed your decision on that point not, a no contest if... Originating from this website often, a no contest plea if the appeals Court agrees the... Alford agreed to plead guilty students interested in legal research can test their hand writing! Be properly understood and entered in order to be exonerated during a new trial to be! The U.S. Justice Department to reports, Alford maintained his innocence but not guilty pleas to the CDPP and.. Including our terms of use and privacy policy drop the case had been made after new evidence came to.. A criminal charge while still choosing the plea that may be entered by a defendant to plead guilty to murder! Complex tool and must be properly understood and entered in order to be exonerated during a new trial to be... So then there 's no plea bargain is an innocent man caught the!