[18] He emphasizes that when allowing these pleas, "trial counsel should establish as strong a factual basis as possible", in order to minimize the possible negative outcomes to "the public's perception of the administration of justice within the military".[18]. 1. Alford PleasNorth Carolina Criminal Law Explained: Guilty Plea, Nolo Plea, Alford Plea, Not Guilty Plea : a legal doctrine under which a criminal defendant who does not admit guilt is allowed to plead guilty as part of a plea bargain provided the plea is made voluntarily and with knowledge of the consequences The Alford doctrine provides that a court may accept a knowing and voluntary plea of guilty from a defendant. Ex-UChicago Prof Seeks Alford Plea Over Insider Trades [29] The Court ruled, "Although an Alford plea allows a defendant to plead guilty amid assertions of innocence, it does not require a court to accept those assertions. However, you may visit "Cookie Settings" to provide a controlled consent. The Federal District Court of Appeals then ruled that Alfords plea was made involuntarily, citing the defendants statement of, I just pleaded guilty because they said if I didnt, they would gas me for it.. When you plead guilty, you are accepting responsibility, which some judges view as the first step towards rehabilitation. 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. The Alford Plea was created in 1970, at the time Henry C. Alford was indicted for first degree murder(5). So what is an Alford plea, and why does it matter? 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. Alford pleas do not allow defendants to sue for wrongful imprisonment and other types of misconduct which allows this type of misconduct to be perpetuated. When was Alford indicted for first degree murder? 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. PolygraphsIntroduction at Trial up 265. | Disclaimer This type of plea originates from a ruling handed down by the state's Appellate Court in 1987, which specified that one can avoid admitting guilt by accepting a prison sentence if he or she concludes that he or she would probably have been found guilty. Admissibility of an Alford Plea at a Subsequent Civil Trial
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