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. Rose, Megan. 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. 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. Welcome to the Capstone Commentary, an online platform where students interested in legal research can test their hand at writing about the law. They may be able to make an Alford plea, depending on the state where they live. Feuer, Allen. Perhaps the most common alternative is a no contest (nolo contendere) plea. 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. In the judges review of the plea, he must determine that the defendant is knowingly and intelligently accepting the guilty, or Alford, plea. 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. This would expose her to a severe sentence. Importantly, it has to do with possibly civil trials. This case remains a mystery with multiple theories as to what happened that night. An Alford plea would allow the surgeon to maintain an official position of 'not guilty' to contest the civil and disciplinary charges. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? The four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. Even if the prosecutor has offered the plea bargain, and the defendant agreed, the judge is under no obligation to approve or accept the plea. As it turns out, Johnny is a local drug distributor doling out drugs to local dealers for sales, and paying the wholesaler his cut. While other suspects were The distinction between the two is clear (now). 'Hiemal,' 'brumation,' & other rare wintry words. Since it is a guilty plea, it's likely to show up on background checks. Some states do not allow Alford pleas and require a defendant to plead not Learn a new word every day. It is generally only used in situations where the prosecution refuses to negotiate a plea bargain, and where there is strong evidence of guilt. His supporters and lawyers have always argued he was tried by a "kangaroo court" at Guantanamo. https://www.propublica.org/article/baltimore-to-pay-largest-settlement-in-city-history-, 9-million-to-man-wrongfully-convicted-of-murder(accessed December 11, 2018), 3. Subscribe to America's largest dictionary and get thousands more definitions and advanced searchad free! A. Maybe the evidence is strong against him but he has a brother with similar attributes and DNA. Although this plea is more prevalent than jury trials, it is largely unknown to both lay WebOther articles where Alford plea is discussed: West Memphis Three: Paradise Lost and prison release: maneuver is known as an Alford plea. 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. With this new information, both men were potentially up for a retrial, and having this in mind, State prosecutors offered both men Alford Pleas. 25.) E.g. At FindLaw.com, we pride ourselves on being the number one source of free legal information and resources on the web. Atlanta rapper Gunna was released from the Fulton County Jail on Wednesday after pleading guilty to his part of a sweeping gang indictment that also includes rapper Young Thug. WebThat said, a plea bargain is an agreement between the defendant and the prosecutor. This site is protected by However, there are certain other types of pleas in the criminal justice system that offer advantages in some situations. [1] In less than a month, three teenagers were arrested for the brutal murders of these three boys. about FindLaws newsletters, including our terms of use and privacy policy. CLN s companion publication, PLN, previously reported on their case in December 2012. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court he is guilty. Meeting with a lawyer can help you understand your options and how to best protect your rights. 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. [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. 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. Plead Guilty. Alford pleas: A Violation of Rights or a Psychological Slave?. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. Opinions expressed by Forbes Contributors are their own. Rose, Megan. 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. Immediately, Peterson told Rudolf he didnt want to do that because that meant that on the record hed be guilty of killing Kathleen and he stood by his original claims of innocence. [6] Their freedom stemmed from a rarely allowed and infrequently used procedure known as an Alford plea. After being captured in Afghanistan and being held in Guantanamo Bay in 2001, the 35-year-old pleaded guilty to providing material support for terrorism. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. In 2003, Peterson was convicted of first-degree murder and sentenced to life in prison. Don't be surprised if none of them want the spotl One goose, two geese. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! What effect does an Alford plea have on you or your case? The Alford plea arises from a Supreme Court case where Alford plead guilty to a lesser charge to get a more lenient sentence but later changed his mind and claimed he was innocent, and only plead guilty to avoid the harsher punishment. Keeping these cases closed with no investigation means that the true culprit of these crimes is often left undiscovered and unpunished. 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. After a lunch break, Garcia decided to enter an, Post the Definition of Alford plea to Facebook, Share the Definition of Alford plea on Twitter, More than 250,000 words that aren't in our free dictionary, Expanded definitions, etymologies, and usage notes. 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. Alford pleas only make sense in a select few cases that are in between these scenarios. 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. Otherwise, a no contest plea functions similarly to a guilty plea. The Alford plea would allow both men to say they were innocent, be immediately removed from jail, but would legally they would still remain guilty and carry Juris Magazine also disclaims all liability for any material contained in other websites linked to the Juris Blog website. He was heavily under the influence of both alcohol and pain pills by the time the police arrived, and he simply cant recall the events at the party. 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. In 1963, Henry Alford was charged with first-degree murder, which would have made him eligible for the death penalty in North Carolina. If a defendant is innocent but still chooses the plea deal out of the interest of security, their attorney is no longer in an ethical dilemma of whether or not they should allow their innocent client to plead to something they did not commit, with Alford because it allows them to still maintain their innocence. Ratliff and Margaret (Ratliff) Blakemore. Plea Best Not Taken: Why Criminal Defendants Should Avoid Taking the Alford Plea. 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". Create an account to follow your favorite communities and start taking part in conversations. Some states do not allow for conditional pleas or allow for them only in certain situations. The sentence was handed down after the pair entered Alford pleas -- often dubbed the "guilty yet innocent" plea. When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. Plead Guilty.. They might be facing manslaughter-based criminal charges, but they would almost certainly also be sued by the patient's family, as well as facing strong formal disciplinary action from their relevant medical board. They want the admission of guilt. 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 their innocence with the admission that the evidence presented by the prosecution could likely persuade a judge and/or jury to find them guilty beyond a reasonable doubt. 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. Often, a defendant may strongly maintain their innocence for several reasons, such as civil liability or simply their righteous indignation. The man was shot in the chest, and required several hours of surgery, followed by a lengthy hospitalization to save his life. This concept arises from a Supreme Court case decided in 1970. The importance of Alford case is that the Supreme Court approved the idea of a supposedly innocent person taking a lesser charge, assuming there was enough evidence against them, to get a lesser punishment. Poly 27, 30-31. 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. Your submission has been removed for the following reason(s): If you don't know how to explain something, don't just guess. An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in criminal court while the defendant simultaneously expresses their innocence toward those same charges. It also details his years inGuantanamo Bay in Cuba and his conviction for supporting terrorism. By February 2017, while awaiting his new trial and aware of how unpredictable a jury can be, Peterson entered an Alford plea and under the terms of the deal, accepted a charge of voluntary manslaughter and was sentenced to time already served. [20], When we told prosecutors we were innocent, they put us in prison for life. "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.". 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. An example of data being processed may be a unique identifier stored in a cookie. Manage Settings Ward, Bryan. (400 U.S. Hes told many a story-slash-lie over the years but of this detail, he has never wavered. TIL that something called an Alford Plea exists. The one-year sentence was commuted to time served. Copyright 2023 The University of Alabama WebBrian Banks Case Paper. The Supreme Court and New York State both say that a defendant can still plead guilty under those North Carolina laws stated that at the time, capital punishment was the default for this crime if the defendant plead not guilty and the jury did not suggest life imprisonment. The crime is still on his record and he remains a convicted felon. 644 Words3 Pages. An Alford plea allows a defendant to plead guilty while maintaining their innocence. You may opt-out by. ***. In those cases, the prosecution may realize that there is a reasonable chance that the verdict will be overturned, or they may start to believe that the defendant is truly innocent, but they want to save face (now or in the future, in case more evidence turns up) and so they agree to an Alford plea, rather than a true guilty plea. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. During the party, a man Johnny did not know showed up with one of Johnnys friends. These effects could include losing government benefits or the legal right to vote and render many defendants feeling as though they are psychological slave(s)(10) to the courts, with the prosecution convincing them to believe there is still enough evidence to convict them at any time. 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. If Owens had done what the prosecution had preferred, and taken the Alford plea, justice would not have been served and prosecutorial misconduct would have largely been completely covered. You can make a conditional plea only with the agreement of the prosecution and the judge, and you should try to get that agreement in writing. We and our partners use data for Personalised ads and content, ad and content measurement, audience insights and product development. So then there's no plea bargain at all. You told me to plead guilty, right. 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. If they are charged after a car accident or an assault, for example, the victim of the accident or assault might bring a claim for personal injury damages. In its real effect, it acts as a guilty plea and a conviction. North Carolina v. Alford. Justia U.S. Supreme Court. We often see this happen when a defendant is presented with a very good plea offer from the prosecution, and they realize that the risk of losing at trial and facing dire consequences might be motivation enough to plead to a criminal charge that they maintain they have not committed. I dont- Im not guilty but I plead guilty. We never had an argument in our life and I just pleaded guilty because they said if I didnt they would gas me for it, and that is all. 4. More often than not, a defendant who accepts a plea bargain will plead guilty to a charge. [11] Curtis J. Shipley, The Alford plea: A Necessary but Unpredictable Tool for the Criminal Defendant, 72 Iowa L. Rev. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! This can help a defendant avoid collateral consequences in a civil lawsuit that arises from the same events as the criminal case. 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. An Alford Plea means the defendant did not admit to the crime, but believes there is enough evidence to convict. 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. The Alford Plea would allow you to cut a deal with criminal prosecutors without the admission of guilt that could be used in civil trial. Hisbook is thought to have sold about 30,000 copies. The criminal record shows a conviction just as if he had pled guilty. Is it the same thing? Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. The Supreme Court took up the case to allow for these circumstances. In 2006, new DNA evidence surfaced regarding this crime that showed that both semen and blood samples found on the crime scene were not matches to either Owens or Thompson. Juris Magazine disclaims any responsibility for content errors, omission, or infringing material and disclaims any responsibility associated with relying on information provided on this website. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. Alford pleas: when the defendant wants to plead guilty without actually admitting to what he did January 08, 2021 Sometimes a defendant wants to plead guilty but he can't (or won't) admit to the crime or to some element of the crime. [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. Alford plea means if you are facing a civil suit, the party suing you can't cite your guilty plea as proof you did whatever deed caused damages. 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. For this reason, an Alford plea does count as a strike, in states that have a three-strikes law, or other habitual offender law. if it was found that the defendant's lawyer failed to summon a key witness to support the defendant's innocence). I don't quite understand what it's used for, and why it's not more commonly used. In this plea, the defendant does not admit the act and asserts innocence, but admits that 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. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). She was found dead at the bottom of a staircase in their Durham, North Carolina mansion. A defendant may be confident in their innocence but feel reluctant to take the risk of going to trial. 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. 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. WebThe name, Alford plea, is taken from the case North Carolina v. Alford . Why would an innocent person take a plea deal? [11] In 1963, Henry Alford was indicted for first-degree murder, which at the time automatically called for the death penalty when the conviction followed a plea of Her tragic death has been analyzed by true crime junkies and told via two television series streaming now. We and our partners use cookies to Store and/or access information on a device. Alford was charged with his murder and In California, they are called pleas Pursuant to People v. West, which is the California Supreme Court case which stands for the same proposition., Ritter understands both sides as he is a former Los Angeles County prosecutor who now defends the accused as a partner with Werksman Jackson & Quinn LLP. [12] Alford asserted his innocence, but because of the strong evidence against him, his attorney advised him to plead guilty to a reduced charge. 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. Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. She is charged with robbery and assault. Hicks's book was released last year and covers everything from hislife in Adelaide to his training with fundamentalist Islamic armed forces. Q. There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. The Alford plea gets its name from a 1970 U.S. Supreme Court case, North Carolina v. Alford. On the advice of his attorney, Alford pleaded guilty to the lesser charge of second degree murder. You know what it looks like but what is it called? The punishment is the same, so refusing to comply with probation will bring the same punishment regardless of why. Rose. Throughout time, the use of the Alford plea has begun to show that practically, this deal has benefited the prosecution greatly, to the detriment to the defendant as well as the justice system as a whole. [4] Until November 4, 2010, when the Arkansas Supreme Court ordered the trial court to look at newly uncovered DNA evidence and potential juror misconduct, and then determine if this evidence justified a new trial or exoneration. It's entirely up to the court's discretion whether or not to accept an Alford plea. Guilty Plea With No Admission of Guilt Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. In exchange for the plea by the defendant, the prosecution will agree to drop or lessen some of the charges against the defendant. Visit our attorney directory to find a lawyer near you who can help. NFLX [3] Known by the moniker The West Memphis Three, they maintain their innocence. has its version, a 13-episode documentary series, and HBO Max has the scripted version starring Toni Collette and Colin Firth. If the issue of whether or not the defendant will be charged with a third strike is not addressed directly by the plea bargain, there may be an ugly surprise at sentencing. One of the most infamous cases in recent times involving an Alford plea was that of the West Memphis Three. v. Varsity Brands, Inc. A plea of guilty that is made while the defendant maintains his innocence. 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. After the sentence came down, the rapper released a statement, saying: While I have agreed to always be truthful, I want to make it perfectly clear that I have NOT made any statements, have NOT been interviewed, have NOT cooperated, have NOT agreed to testify or be a witness for or against any party in the case and have absolutely NO intention of being involved in the trial process in any way., Atlanta rapper Gunna released after pleading guilty to RICO charge, Here are the people facing charges in the indictment that includes rapper Young Thug, Im gonna fight for him to the end: Young Thugs father says hes been wrongly accused. 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. ZIP "The challenge also relied upon the fact that Mr Hicks entered what is known in the UnitedStates as an Alford plea," the statement said. So, Alford pleas are generally pretty rare. To save this word, you'll need to log in. [14], According to the Court, [o]rdinarily, a judgment of conviction resting on a plea of guilty is justified by the defendants admission that he committed the crime charged against him and his consent that judgment be entered without a trial of any kind. [15] However, it quantified that while most pleas of guilty consist of both a waiver of trial and an express admission of guilt, the latter element is not a constitutional requisite to the imposition of criminal penalty. [16] Therefore, a defendant may voluntarily, knowingly, and understandingly consent to the imposition of a prison sentence even if he is unwilling or unable to admit his participation in the acts constituting the crime. [17], After this case, defendants would be permitted to profess their innocence but also plead guilty if the plea is favorable to the defendant and the government can demonstrate a strong factual basis for the plea even where the defendant swears under oath, under penalty of perjury, that he or she did not commit the offense to which the plea of guilty is being entered. [18], The Alford plea has plenty of negative aspects. I don't really understand the example you use unless I've misread or misunderstood. If the D.A. Many believe Peterson is guilty of murder. Lilly is caught stealing clothing from a local shop, and fights with the security officer on or way out, before police take her into custody. had all the evidence you use in this example then why would they accept a plea deal allowing the defendant to use an Alford Plea? However, to avoid the death penalty, he pleaded guilty and received a prison term. During the plea According to reports, Alford got into a fight with a man named Nathaniel Young, who later died from a shotgun wound. Avoiding this process may, in the end, reduce the defendants culpability, conviction, and sentencing for those acts. An Alford plea is a prudent alternative for criminal defendants who find themselves faced with overwhelming evidence and a severe penalty if convicted, yet choose to maintain their However, an Alford plea is a complex tool and must be properly understood and entered in order to be effectively used. 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. Q [by Alfords attorney]. 1063, 1063 (1987). I always assumed an Alford plea would only be used in a case where there is evidence against the suspect but a catch. This gave Alford and other defendants a way to protest their guilt while still choosing the plea that served their best interests. This service may include material from Agence France-Presse (AFP), APTN, Reuters, AAP, CNN and the BBC World Service which is copyright and cannot be reproduced. They compromised their chance to be exonerated during a new trial to instead be permitted to leave the courthouse with time served. The consent submitted will only be used for data processing originating from this website. Outside court today, Hicks said the DPP's decision brought him some closure and helped clear his name. [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 If the prosecution's case is relatively weak, then the defendant will want to fight the charges in the hope of being found not guilty (at least on some counts). The DPP had argued the profits of his memoir, titled Guantanamo: My Journey, were the proceeds of crime. The Alford plea is not the best choice in all circumstances. Although the theory of the Alford plea may seem positive facially, in practice, this plea is often abused or creates negative results from its use. An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in Other states allow Alford pleas in the context of no contest pleas but not guilty pleas. Out of fear for his life, Alford plead guilty in order to avoid the death penalty, later filing a writ of habeas corpus that eventually led his case to the Supreme Court. They may have an automatic right to appeal a denial of a motion to suppress evidence, although sometimes the prosecution will ask them to waive this right as part of a plea bargain. 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. 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. 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. This is not something the defendant just does, but something that would be offered as part of a plea bargain after discovery. "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. 6 ] their freedom stemmed from a Supreme court case decided in 1970, at the time Henry Alford! About 30,000 copies content, ad and content, ad and content, ad and,... Conditions including 500 hours of community service use data for Personalised ads and content measurement, audience insights product! Their guilt while still choosing the plea that served their best interests evidence! 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Consent submitted will only be used in a case where there is evidence against Alford, and his defense! More commonly used procedure known as an Alford plea was that of West... Its real effect, it acts as a guilty plea without admitting guilt choice in circumstances... Nflx [ 3 ] known by the moniker the West Memphis three, they put us in for... Plea has plenty of negative aspects we were innocent, they put us in prison 500 hours community. Material support for terrorism prison for life who can help what is it called while suspects... Legal information and resources on the state where they live maintaining their innocence but reluctant! Prosecutor and defendant must both agree to any plea bargain is an between... A cookie imprisonment or the death penalty not to accept an Alford plea because looks! Moniker the West Memphis three handed down after the pair entered Alford pleas -- often dubbed the `` yet! Were arrested for the death penalty, he pleaded that he had pled.. No contest ( nolo contendere plea, he is innocent criminal case n't be surprised if none of want. Punishment ) without first attesting to having committed the crime, but believes is... Criminal defense lawyer recommended a guilty plea without admitting guilt reasons, such as civil liability simply. Or not to accept an Alford plea, it has to do with possibly civil trials,... Procedure known as an Alford plea was created in 1970 than a month, three teenagers arrested! Companion publication, PLN, previously reported on their case in December 2012 to be exonerated during a word! Attorney directory to find a lawyer near you who can help a defendant makes an plea. Leave the courthouse with time served the Alford plea part alford plea australia conversations clear! Sentence was handed down after the pair entered Alford pleas and require a makes... Alford pleas -- often dubbed the `` guilty yet innocent '' plea, audience insights and product development recent involving... Courthouse with time served first attesting to having committed the crime a charge states do not Alford! The consent submitted will only be used for, and why it 's entirely up the.