List of people who entered an Alford plea

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The following is an incomplete list of notable individuals that have entered an Alford plea. An Alford plea (also referred to as Alford guilty plea [1] [2] [3] and Alford doctrine) [4] [5] [6] in the law of the United States is a guilty plea in criminal court, [7] [8] [9] where the defendant does not admit the act and asserts innocence. [10] [11] [12] Under the Alford plea the defendant admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty beyond a reasonable doubt. [4] [13] [14] [15] [16]

Contents

Background

Supreme Court case

Supreme Court Justice Byron White wrote the majority opinion Justice White Official.jpg
Supreme Court Justice Byron White wrote the majority opinion

This form of plea is derived from the 1970 ruling by the Supreme Court of the United States, in the case North Carolina v. Alford . [17] Henry Alford of Forsyth County, North Carolina was indicted for first degree murder in 1963. [18] [19] At the time under North Carolina law a conviction of first degree murder automatically brought with it the death penalty, unless the jury recommended otherwise, in which case the defendant would receive a mandatory life sentence. [20] [21] Alford said he was innocent, but the prosecution had significant evidence to the contrary. [19] Witnesses stated Alford had said he wanted to kill the victim, then grabbed his gun and left his residence. [19] Witnesses said that Alford subsequently declared he had killed the victim. [19] His defense advised Alford to plead to the crime of second degree murder because of the belief that the strong evidence would lead to a conviction. [19] He pleaded guilty to second degree murder in 1963. [18] He did so in order to avoid a possible death sentence. [18] Alford maintained he was innocent of the crime itself, but feared going to trial because of the capital punishment associated with the charge of first degree murder. [22] He was given a sentence of thirty years in jail. [18]

Alford appealed, and argued that his conviction for second degree murder should be overturned because he said the plea was coercive in nature. [23] The matter came before the Supreme Court, and in its ruling the court said that the trial judge in Alford's criminal case was appropriate in having accepted the defendant's plea of guilty. [18] The Court said that the decision to plead guilty while maintaining his innocence was a reasonable choice for Alford to have made at the time. [23] Supreme Court Justice Byron White wrote the majority opinion. [18] The Supreme Court case was decided 5–3. [18] "[T]hat he would not have pleaded except for the opportunity to limit the possible penalty does not necessarily demonstrate that the plea of guilty was not the product of a free and rational choice", said the Supreme Court decision. [22] The Court ruled that a plea of guilty that was "a voluntary and intelligent choice among the alternative courses of action" was not a coercive decision. [21] Justice White wrote that, "Express admission of guilt is not constitutional requisite to imposition of criminal penalty." [20] In 1975, Alford died while in jail at the age of 57. [19]

Usage of plea

When a defendant indicates an intention to plead guilty by Alford plea, the judge asks two questions: "Do you now consider it to be in your best interest to plead guilty?" and "Do you understand that upon your 'Alford plea' you will be treated as being guilty whether or not you admit that you are in fact guilty?" [19] Prosecutors and defense lawyers characterize Alford pleas as a required method of lessening pressure of the nature of the justice process. [17] Both parties get to maneuver around not knowing what the outcome could be at trial, and are able to come to a resolution. [17] The Alford plea does not itself affect the sentencing process, and the convicted individual is sentenced just as if he had entered a normal guilty plea. [18] [20] The defendant may be hurt at the sentencing process by having used an Alford plea, as the judge may see this as a sign that the defendant has not accepted responsibility for his actions. [24] Duke University law professor Robert P. Mosteller commented on this possible effect at sentencing, "They get you more harm than good." [24] Orange County, North Carolina District Attorney Jim Woodall said that the frequency of Alford pleas is higher with criminal cases involving a charge of a sexual offense, as the defendant does not wish to admit to their family and the public that they were responsible for the crime. [24] Psychologist Bob Carbo noted that sexual offenders undergoing treatment for their actions after being ordered to so under terms of their Alford plea cause problems because the first step in therapy is to take responsibility for committing the crime. [24] "We can't help this person if they're not willing to admit they did something", said Carbo. [24]

John Gulash, a lawyer on the Connecticut State Bar Association's criminal justice executive committee, acknowledged, "It's unfortunate, but it's a reality that you will receive, in most instances, a much more severe penalty if you lost after trial than if you pled before the trial." [17] Defendants gain the potential benefit of being able to tell possible employers after their conviction in a crime that they maintained their innocence and only pleaded guilty under the Alford doctrine because of the nature of the situation and the evidence presented. [17] Professor of law at Quinnipiac University and former federal prosecutor Jeffrey Meyer said of the Alford doctrine, "It's part of an idealist vision of a judicial system that it is for the adjudication of truth." [17] Meyer commented on what would happen were the Alford doctrine to become no longer applicable, "My suspicion is if the state could dispense with the Alford doctrine, over time, it probably wouldn't change very much the rate at which cases plead out. More than 95 percent of cases in federal court go by guilty plea. It's difficult to make the case that without the Alford doctrine, there would be an immense number of defendants who would end up going to trial." [17] Raleigh, North Carolina lawyer Wade Smith said that the frequency of application of the Alford plea is, "Fairly often. There are many times when people don't want to plead guilty, but then do, in fact, plead guilty." [18]

List

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See also

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References

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  19. 1 2 3 4 5 6 7 Weigl, Andrea (February 21, 2007). "What is an alford plea ?". The News & Observer. Raleigh, North Carolina: The News & Observer Pub. Co. p. A12.
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  23. 1 2 3 Ford, Steve (February 25, 2007). "Follow the bouncing plea bargain". The News & Observer. Raleigh, North Carolina: The News & Observer Pub. Co. p. A26.
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  26. ↑ Effron, Lauren. "How contact lenses blew a 2005 murder case wide open and led to a husband serving prison time". ABC News. Retrieved 2021-11-24.
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  28. ↑ Holly Bobo trial: John Dylan Adams gets 35 years
  29. ↑ Seattle Post-Intelligencer staff (December 6, 2003). "Actor pleads to lesser charge in child-rape case". Seattle Post-Intelligencer . www.seattlepi.com. Retrieved 2009-11-30.
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  31. 1 2 3 4 New York Times Deal Frees ‘West Memphis Three’ in Arkansas (2011-08-19)
  32. ↑ Thrush, Glenn; Herstik, Lauren (2024-09-05). "Hunter Biden Enters Surprise Plea in Tax Case". The New York Times . New York City . Retrieved 2024-09-05. A half-hour [...], a lawyer for Mr. Biden in the case, [...] entering a so-called Alford plea,
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  34. ↑ "Former N.C. speaker begins prison term". AFX UK ProFeed. AFX News Limited. July 30, 2007.
  35. ↑ Risen, James; Judy Thomas (1999). Wrath Of Angels: The American Abortion War. Basic Books. pp.  96, 99. ISBN   978-0-465-09273-4.
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  37. 1 2 Levy, Paul (September 3, 2005). "Former Viking's charges reduced; In plea, Brown won't face trial on Arctic Blast sexual-assault charge". Star Tribune. Minneapolis, Minnesota.
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  39. ↑ Meryhew, Richard (February 15, 2006). "Appeals Court says no deal to Arctic Blast plea bargain – Former Vikings star may have to face charges of criminal sexual assault after all". Star Tribune. Minneapolis, Minnesota. p. 4B.
  40. ↑ "Offset of Migos Has Been Released From Jail (UPDATED)". Complex. Retrieved 2022-08-12.
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  42. ↑ The Spokesman-Review staff (February 15, 2003). "Boise Mayor, already under fire, quits amid Olympic charges". The Spokesman-Review. p. B1.
  43. 1 2 Stockwell, Jamie (August 10, 2006). "30-Year Sentence In Slaying Of Student". The Washington Post . Retrieved 2009-11-30.
  44. ↑ "Judge refuses to throw out sentence in Taylor Behl murder". Richmond Times-Dispatch . WTOP. Associated Press. November 18, 2008. Retrieved 2009-11-30.
  45. 1 2 "Rep. Bob Filner Enters 'Alford' Plea to Trespassing Charge Stemming From Airport Altercation". Fox News Channel . Fox News. Associated Press. November 26, 2007. Retrieved 2009-12-01.
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  47. ↑ Singer, Cathy (June 19, 2019). "Pam Hupp avoids death penalty with plea, faces life in prison for 2016 murder of Louis Gumpenberger". NBC . Retrieved June 30, 2019.
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  71. 1 2 Horn, Sue (January 20, 2008). "The real story of Christina Resch Boyer: Did a "perfect storm" of events lead to life imprisonment?". Carroll Star News. Carrollton, Georgia: The Georgia Rail and Press Company. p. 1.
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  75. 1 2 The Providence Journal staff (June 5, 2001). "People". The Providence Journal. p. F2.
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