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In United States law,an Alford plea,also called a Kennedy plea in West Virginia,an Alford guilty plea,and the Alford doctrine,is a guilty plea in criminal court,whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence,but accepts imposition of a sentence. This plea is allowed even if the evidence to be presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt. This can be caused by circumstantial evidence and testimony favoring the prosecution,and difficulty finding evidence and witnesses that would aid the defense.
A plea bargain is an agreement in criminal law proceedings,whereby the prosecutor provides a concession to the defendant in exchange for a plea of guilt or nolo contendere. This may mean that the defendant will plead guilty to a less serious charge,or to one of the several charges,in return for the dismissal of other charges;or it may mean that the defendant will plead guilty to the original criminal charge in return for a more lenient sentence.
In common law jurisdictions,an acquittal means that the prosecution has failed to prove that the accused is guilty beyond a reasonable doubt of the charge presented. It certifies that the accused is free from the charge of an offense,as far as criminal law is concerned. The finality of an acquittal is dependent on the jurisdiction. In some countries,such as the United States,an acquittal prohibits the retrial of the accused for the same offense,even if new evidence surfaces that further implicates the accused. The effect of an acquittal on criminal proceedings is the same whether it results from a jury verdict or results from the operation of some other rule that discharges the accused. In other countries,like Australia and the UK,the prosecuting authority may appeal an acquittal similar to how a defendant may appeal a conviction —but usually only if new and compelling evidence comes to light or the accused has interfered with or intimidated a juror or witness.
A suspended sentence is a sentence on conviction for a criminal offence,the serving of which the court orders to be deferred in order to allow the defendant to perform a period of probation. If the defendant does not break the law during that period and fulfills the particular conditions of the probation,the sentence is usually considered fulfilled. If the defendant commits another offence or breaks the terms of probation,the court can order the sentence to be served,in addition to any sentence for the new offence.
The Special Criminal Court is a juryless criminal court in Ireland which tries terrorism and serious organised crime cases.
North Carolina v. Alford,400 U.S. 25 (1970),was a case in which the Supreme Court of the United States affirmed that there are no constitutional barriers in place to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty,while still protesting his innocence,under duress,as a detainee status. This type of plea has become known as an Alford plea,differing slightly from the nolo contendere plea in which the defendant agrees to being sentenced for the crime,but does not admit guilt. Alford died in prison in 1975.
Tom Humphries is a former sports journalist and columnist who wrote for The Irish Times while volunteering at a North Dublin Gaelic games club. His career as a leading sportswriter was ended after his history of child sexual abuse emerged in 2011. In 2017,he pleaded guilty to a number of child sex offences and received a 2+1⁄2 year imprisonment sentence. Maeve Sheehan,writing in the Sunday Independent,noted as his prison sentence concluded in 2019:"As one of the off sex offenders who was famous before he went to prison,his crimes ensure his name will stay on the public radar for years to come".
On 14 October 2004,Pádraig Nally,an Irish farmer living in County Mayo,Republic of Ireland shot dead Irish Traveller John "Frog" Ward,who had been trespassing on his property. In November 2005 Nally was sentenced to six years' imprisonment for manslaughter. His conviction was quashed in October 2006 and,after a retrial in December 2006,he was found not guilty of manslaughter.
Wesam al-Delaema,also known as Wesam Khalaf Chayed Delaeme,,is an Iraqi-born Dutch citizen accused by the United States Department of Justice of conspiring to kill American soldiers in Iraq.
Glenn Jeyasingam Knight is a Singaporean lawyer. He was the first Director of the Commercial Affairs Department (CAD) when it was founded in 1984. He lost his post in 1991 after being convicted of corruption in a much-publicised trial. In 1998,he was again tried and convicted for misappropriating money while in office.
Loretta A. Preska is an American lawyer who serves as a senior United States district judge of the United States District Court for the Southern District of New York. Born in Albany,Preska received law degrees from Fordham University School of Law and New York University School of Law. She practiced law in New York City from 1973 to 1992 at the law firms of Cahill Gordon &Reindel and Hertzog,Calamari &Gleason. President George H. W. Bush appointed her to the district bench in 1992. She served as chief judge of the court for a seven-year term from 2009 to 2016,and took senior status in 2017. President George W. Bush nominated Preska to the U.S. Court of Appeals for the Second Circuit in 2008,but the Senate did not act on the nomination.
Richard Johnson was an Irish judge who served as President of the High Court from 2006 to 2009 and a Judge of the High Court from 1987 to 2009.
Jeffrey Blackett is a British former judge and Royal Navy officer with the rank of Commodore. He was Judge Advocate General of the Armed Forces from 2004 to 2020 and among the cases over which he presided was that of "Marine A". Blackett was criticised by the Criminal Cases Review Commission (CCRC) for sentencing Sgt Alexander Blackman RM to a life sentence for murder,as he failed to give the board the option to pass a lesser sentence of manslaughter. According to the report,the CCRC,which investigates miscarriages of justice,said Judge Blackett was guilty of a "material irregularity" in the original trial,due to an "apparent failure to recognise the position regarding manslaughter during the trial and to direct the board appropriately". Subsequently the Court Martial Appeal Court rejected any criticism of Blackett. They said:"We could see no basis for any criticism of the conduct of the Court Martial by the Judge Advocate General. He left the issues which had been raised by the prosecution and the defence during the hearing of the Court Martial to the Board in an entirely fair and proper manner." Alexander Blackman's murder conviction was eventually quashed in 2017 after a successful appeal.
Danny Harold Nightingale is a British soldier from Crewe. He came to public attention in 2012 after he was court-martialled for illegal possession of a pistol and ammunition.
Rosemary Lehmberg is a former District Attorney of Travis County,which includes the capital city of Austin,Texas. She began working in the District Attorney's office in 1976. She headed many Divisions of the DA's office,establishing the Travis County Children's Advocacy Center,and was called "The Best Lawyer for Children's Issues" by The Austin Chronicle. In 2009,she became the first female District Attorney in Travis County. Lehmberg served eight years as Travis County’s district attorney before retiring in January 2017.
John Aloysious Edwards is an Irish judge who has served as a Judge of the Court of Appeal since November 2014. He previously served as a Judge of the High Court from 2007 to 2014.
Tony Hunt is an Irish judge who has served as a Judge of the High Court since October 2014,and is the senior presiding judge of the Special Criminal Court. He previously served as a Judge of the Circuit Court from 2007 and 2014.
Paul Burns is an Irish judge and lawyer who has served as a Judge of the High Court of Ireland since March 2020. He previously practiced as a barrister with a specialisation in criminal trials.
Rory P. MacCabe is an Irish judge who is a judge of the High Court since January 2022 and is the chairperson of the Garda Síochána Ombudsman Commission. He was a judge of the Circuit Court between 2007 and 2022 and was formerly a barrister and civil servant.
Gerard O'Brien is an Irish lawyer who was a judge of the Circuit Court between 2015 and 2024. Prior to his appointment,he was state solicitor for North Tipperary and practiced as a solicitor in Thurles. He was formerly a secondary school teacher and a local politician.
References
- ↑ "Appointment to the Circuit Court". Merrion Street Irish Government News Service. 13 April 2011.
- ↑ "Judge Thomas E O'Donnell". Association of Judges of Ireland.
- ↑ "Judge Thomas E O'Donnell". Association of Judges of Ireland.
- ↑ "Appointment to the Circuit Court". Merrion Street Irish Government News Service. 13 April 2011.
- ↑ "Judge Tom O'Donnell nominated to Circuit Court". Limerick Post . 15 April 2011.
- ↑ "Tom O'Donnell appointed to Circuit Court". Limerick Leader . 15 April 2011.
- ↑ "New judge appointed to fill Circuit Court vacancy in Kerry". Radio Kerry . 1 December 2014.
- ↑ The Old Munster Circuit, Michael Joseph Ltd. London 1939
- ↑ "Qatar National XVs Squad Announced". Gulf Times . 11 April 2016.
- 1 2 "Soldier avoids jail term after beating woman unconscious". RTE News . 20 June 2024.
- ↑ Raleigh, David (20 June 2024). "Soldier who 'took pride' in beating woman unconscious in Limerick street avoids jail". Irish Examiner . Retrieved 25 June 2024.