Alford guilty plea
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Alford guilty plea in the law of the United States is a plea in criminal court in which the defendant does not admit the act and asserts innocence, but 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.[1][2][3][4][5][6]
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[edit] Origin
The Alford guilty plea originated in the United States Supreme Court case of North Carolina v. Alford (1970).[5] In that case, the defendant did not want to admit guilt, and instead gave a plea of nolo contendere while simultaneously saying that key points given by the prosecution were factual.[5]
[edit] Usage
The Alford guilty plea is "a plea of guilty containing a protestation of innocence".[7] The defendant maintains a claim that they are innocent, but agrees to a conviction in the charged crime to be entered against them.[8] 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.[4]
The Alford guilty plea is a form of nolo contendere; where the defendant in the case states "no contest" to the factual matter of the case as given in the charges outlined by the prosecution.[5] An Alford guilty plea is simply a form of a guilty plea,[9] and, as with other guilty pleas, the judge must see there is some factual basis for the plea.[4]
Defendants can take advantage of the ability to use the Alford guilty plea, by admitting there is enough evidence to convict them of a higher crime, while at the same time pleading guilty to a lesser charge.[10] Defendants usually enter an Alford guilty plea if they want to avoid a possible worse sentence were they to lose the case against them at trial.[4]
This form of guilty plea has been frequently used in local and state courts in the United States;[3] though it consists of a small percentage of all plea bargains in the U.S.[1] The form of plea is not allowed in courts of the United States military.[2]
[edit] References
- ^ a b Fisher, George (2003). Plea Bargaining's Triumph: A History of Plea Bargaining in America. Stanford University Press. p. 319. ISBN 0804751358.
- ^ a b Davidson, Michael J. (1999). A Guide to Military Criminal Law. US Naval Institute Press. p. 56. ISBN 1557501556.
- ^ a b Raymond, Walter John (1992). Dictionary of Politics: Selected American and Foreign Political and Legal Terms. Brunswick Publishing Corporation. p. 9. ISBN 978-1556180088.
- ^ a b c d Gardner, Thomas J.; Terry M. Anderson (2009). Criminal Evidence: Principles and Cases. Wadsworth Publishing. p. 50. ISBN 0495599247.
- ^ a b c d Champion, Dean J. (1998). Dictionary of American Criminal Justice: Key Terms and Major Supreme Court Cases. Routledge. p. 7. ISBN 1579580734.
- ^ Daly, Kathleen (1996). Gender, Crime, and Punishment. Yale University Press. p. 20. ISBN 0300068662.
- ^ Scheb, John (2008). Criminal Procedure. Wadsworth Publishing. p. 148. ISBN 978-0495503866.
- ^ Mueller, Christopher B.; Laird C. Kirkpatrick (1999). Evidence: Practice Under the Rules. Aspen Publishers. p. 759. ISBN 0735504474.
- ^ Anderson, James F. (2002). Criminal Justice and Criminology: Concepts and Terms. University Press of America. p. 7. ISBN 0761822240.
- ^ Duff, Antony (2004). The Trial on Trial, Volume One: Truth and Due Process. Hart Publishing. p. 58. ISBN 1841134422.
[edit] Further reading
- Bibas, Stephanos (2003). "Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas". Cornell Law Review 88 (6). doi:. http://www.pbs.org/wgbh/pages/frontline/shows/plea/four/nolo.html.
- Shipley, Curtis J. (1987). "The Alford Plea: A Necessary But Unpredictable Tool for the Criminal Defendant". Iowa Law Review 72: 1063. ISSN 0021-0552.
- Ward, Bryan H. (2003). "A Plea Best Not Taken: Why Criminal Defendants Should Avoid the Alford Plea". Missouri Law Review 68: 913. ISSN 0026-6604.
[edit] External links
- Issue: Effect of Alford Plea of Guilty, Issues In NY Criminal Law, Volume 4, Issue 11.
- Transcript Of Plea Form, North Carolina, with question about term
- Court cases
- US v. Szucko, Definition of term by United States Court of Appeals for the Fifth Circuit
- US v. Bierd, Definition of term by United States Court of Appeals for the First Circuit
