Attacking the jurisdiction of the court over the crime charged. The cookie is set by GDPR cookie consent to record the user consent for the cookies in the category "Functional". https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). Why was Henry C Alfords guilty plea involuntary? The Alford guilty plea is named after the United States Supreme Court case of North Carolina v. Alford (1970). 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. An Alford plea (often erroneously called an "Alpha plea") is based on the 1970 Supreme Court case of Alford v. North Carolina, in which the Supreme Court held that a valid guilty plea does not require admission of guilt. Plea in abatement (used to address procedural errors in bringing the charges against the defendant) Please contact webmaster@usdoj.gov if you have any questions about the archive site. Alford Vs. Nolo Pleas | WinIt App "I just pleaded guilty because they said if I didn't, they would gas me for it," wrote Alford in one of his appeals. Special pleas used in criminal cases include: Mental incompetence. Cookie Notice "[28], 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. By clicking Accept All, you consent to the use of ALL the cookies. Legal Definition and Examples, Overview of the Sentencing Stage in Criminal Cases, The Murders of Terrance Rankins and Eric Glover, Overview of the Jury Trial Stage of a Criminal Case, The Sixth Amendment: Text, Origins, and Meaning, The Difference Between Procedural Law and Substantive Law, Padilla v. Kentucky: Supreme Court Case, Arguments, Impact. Alford pleas: A Violation of Rights or a Psychological Slave?. Whenever a defendant in a Nevada criminal case enters a guilty plea, the judge asks them, "Are you pleading guilty because . Henry C. Alford was on trial for first-degree murder and insisted that he was innocent, despite three witnesses who said they heard him say he was going to kill the victim, that he got a gun, left the house and returned saying he had killed him. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). The cookie is set by the GDPR Cookie Consent plugin and is used to store whether or not user has consented to the use of cookies. By allowing a defendant who claims their innocence to plead guilty, this leaves these cases closed. Alford Plea. With an Alford plea, the defendant -- typically only with the court's permission -- accepts all the . Alford left the house, and afterwards the victim received a fatal gunshot wound when he opened the door responding to a knock. [18], Alford was faced with the possibility of capital punishment if convicted by a jury trial. The Court went on to note 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. Once the guilty plea has been entered by a criminal defendant, they are automatically convicted of the crime and are sentenced, and the case is closed. What Is an Alford Plea? [13], 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. What other two military branches fall under the US Navy? The Seattle Times. | Data Access Request My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty?