The Alford plea is a guilty plea in US criminal courts where the defendant admits that the prosecution has enough evidence to convict them, but does not admit guilt. It allows for a lesser charge and sentence while denying guilt. The nolo contendere plea is similar but does not require the defendant to speak about the crime and cannot be used against them in a civil trial. Alford pleas make up a small percentage of plea deals and are not allowed in military courts. The plea is named after Henry Alford, who used it to avoid a death sentence. The US Supreme Court ruled that a competent attorney must inform the defendant of the ramifications of any plea deal.
The Alford plea or Alford Doctrine is a form of a guilty plea in a United States criminal court in which the defendant acknowledges that the prosecution likely has sufficient evidence to obtain a conviction, but does not specifically admit to committing the crime. Used in state and local courts throughout the United States, the defendant pleads innocent but agrees to accept a conviction in the criminal case. In this way, a defendant can plead guilty to a lesser charge to get a lenier sentence, while also denying actual guilt. The Alford plea is a form of nolo contendere or “no contest” action. After obtaining the defendant’s guilty plea, the court can immediately pronounce the sentence as if the defendant had been convicted of the crime.
With the name derived from the Latin phrase for “I do not wish to contend,” the nolo contendere plea is a type of alternative plea in which the defendant neither acknowledges nor denies the charge brought against him. While a nolo contendere plea has the same immediate consequences as a guilty plea, the long-term effects differ. The courts in most cases do not require a nolo contendere defendant to speak or speak about the specific facts of the crime. Unlike a guilty plea, the nolo contendere plea cannot be used against the defendant in a civil trial that relates to the same set of circumstances.
Alford pleas make up a small percentage of all plea deals in the United States, as some jurisdictions do not accept this type of plea deal. United States military courts do not allow military personnel to file an Alford claim. Studies of inmate cases reveal that five percent of federal inmates and 17 percent of state inmates got there through Alford pleas or nolo contendere. These statistics reflect the relative differences between state and federal courts in their willingness to accept alternative grounds.
First used in a 1973 case, North Carolina v. Alford, the Alford plea is named after the defendant, Henry Alford, who was charged with first degree murder, which is a capital crime in North Carolina with the possibility of a death penalty. The defendant pleaded guilty to second-degree murder while maintaining his innocence as a means of avoiding a death sentence if he were convicted of first-degree murder. Alford was ultimately sentenced to 30 years in prison. After multiple appeals, the US Supreme Court upheld its ruling and ruled that in order to accept an Alford motion, a competent attorney must inform the defendant of the ramifications of any plea deal he is offered. The report must also strongly indicate guilt, even if the defendant pleads innocent.
Protect your devices with Threat Protection by NordVPN
