Alford plea

The Alford guilty plea is named after the United States Supreme Court case of North Carolina v. Alford (1970). Alford was sentenced to 30 years in prison after the trial judge accepted the plea bargain and ruled that the defendant had been adequately advised by his lawyer. The Court held that for the plea to be accepted, the defendant must have been advised by a competent lawyer who could inform him that his best option was to enter a guilty plea. 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." The Court allowed the guilty plea with a simultaneous protestation of innocence only because there was enough evidence to show that the prosecution had a strong case for conviction and that the defendant was entering such a plea to avoid the possible sentence. The Court 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. As evidence existed that could have supported Alford's conviction, the Supreme Court held that his guilty plea was allowable, while the defendant himself still maintained that he was not guilty. == Definition ==

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. The plea is commonly used in local and state courts in the United States." The defendant pleads guilty, but does not have to specifically admit to the guilt itself. The defendant maintains a claim of innocence, but agrees to the entry of a conviction in the charged crime. Upon receiving an Alford guilty 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. and, as with other guilty pleas, the judge must see there is some factual basis for the plea. Defendants usually enter an Alford guilty plea if they want to avoid a possibly worse sentence were they to lose the case against them at trial. == Court and government use ==

This form of guilty plea has been frequently used in local and state courts in the United States, This form of plea is not allowed in courts of the United States military. In 2000, the United States Department of Justice noted: "In an Alford plea the defendant agrees to plead guilty because they realize that there is little chance to win acquittal because of the strong evidence of guilt. About 17% of State inmates and 5% of Federal inmates submitted either an Alford plea or a no contest plea, regardless of the type of attorney. This difference reflects the relative readiness of State courts, compared to Federal courts, to accept an alternative plea." In the 1995 case State of Idaho v. Howry before the Idaho Court of Appeals, the Court commented on the impact of the Alford guilty plea on later sentencing. In the 1999 South Carolina Supreme Court case State v. Gaines, that court held that Alford guilty pleas would be considered valid even in the absence of a specific on-the-record ruling that the pleas were voluntary, provided that the sentencing judge acted appropriately in accordance with the rules for acceptance of a plea made voluntarily by the defendant. The Court held that a ruling that the plea was entered into voluntarily is implied by the act of sentencing. In October 2008, the United States Department of Justice defined an Alford plea as follows: "the defendant maintains his or her innocence with respect to the charge to which he or she offers to plead guilty". In March 2009, the Minnesota House of Representatives characterized the Alford plea as "a form of a guilty plea in which the defendant asserts innocence but acknowledges on the record that the prosecutor could present enough evidence to prove guilt." The Minnesota Judicial Branch similarly states: "Alford Plea: A plea of guilty that may be accepted by a court even where the defendant does not admit guilt. 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. Court has discretion as to whether to accept this type of plea." The U.S. Attorneys' Manual states that in the federal system, Alford pleas "should be avoided except in the most unusual circumstances, even if no plea agreement is involved and the plea would cover all pending charges." U.S. Attorneys are required to obtain the approval of an Assistant Attorney General with supervisory responsibility over the subject matter before accepting such a plea. Use in post-conviction proceedings The Alford plea has received public attention for its use in resolving high-profile post-conviction proceedings for individuals who claim they were wrongfully convicted for crimes they did not commit. In 2011, the West Memphis Three—three men who had been convicted as teenagers of the 1993 murders of three children and sentenced to life in prison or, for one defendant, the death penalty—entered Alford pleas decades following their initial convictions. New evidence had come to light that might exonerate them, so the Arkansas Supreme Court ordered an evidentiary hearing to consider whether a new trial would be required. Instead of holding the hearing, the defendants and state prosecutors agreed that the court would vacate the prior convictions to permit the defendants to enter Alford pleas, be re-sentenced to "time served," and obtain immediate release from prison. As part of the plea deal, the men agreed not to sue the state seeking civil damages for their convictions and imprisonment. Similarly, novelist Michael Peterson, who had been convicted in 2003 of murdering his wife, entered an Alford plea in 2017 to resolve the case against him. Peterson's case had been the subject of the 2004 documentary series The Staircase and other media scrutiny, and Peterson continued to challenge his conviction based on alleged law enforcement misconduct and judicial errors. He was eventually granted a new trial, but then agreed to enter an Alford plea to the lesser offense of voluntary manslaughter instead. The judge then imposed a sentence that, after being reduced to account for time already served, resulted in Peterson serving no additional time in prison. A 2022 scripted drama miniseries, also called The Staircase, portrayed the events of the case, including the legal battle and Alford plea. == Commentary ==

In his book American Criminal Justice (1972), Jonathan D. Casper comments: "The Alford decision recognizes the plea-bargaining system, acknowledging that a man may maintain his innocence but still plead guilty in order to minimize his potential loss." Casper comments on the impact of the Supreme Court's decision to require evidence of guilt in such a plea: "By requiring that there be some evidence of guilt in such a situation, the decision attempts to protect the 'really' innocent from the temptations to which plea-bargaining and defense attorneys may subject them." Common criticisms of Alford pleas include harm to victims who are denied justice, harm to society from lack of respect for the criminal justice system, the incentive for coercion, violating the right against self-incrimination, hindering rehabilitation by avoiding treatment, and the arbitrary nature in which they are utilized, allowing a person to say one thing when they mean another. == See also ==