North Carolina v. Alford
Encyclopedia
North Carolina v. Alford, 400 U.S. 25
(1970), was a case in which the Supreme Court of the United States
affirmed that there are no constitutional barriers in place to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty while still protesting his innocence. This type of plea has become known as an Alford plea
, differing slightly from the nolo contendere
plea in which the defendant agrees to being sentenced for the crime, but does not admit guilt.
in December 1963. His attorney interviewed several witnesses who led him to believe Alford was guilty, and that Alford would probably be convicted in a trial. The attorney recommended Alford plead guilty to the lesser charge of second-degree murder in order to face a lesser sentence, but left the decision to Alford. Before the plea was entered, the court heard sworn testimony from three witnesses. There were no eyewitnesses to the murder, but witnesses swore that Alford had taken his gun from his house and declared he was going to kill the victim, and upon returning, stated that he had killed the victim. Alford pled guilty to second-degree murder but declared to the court that he was in fact innocent, and was pleading guilty only to avoid the death penalty, which might have been applied had he been convicted of first-degree murder.
The judge sentenced Alford to the maximum second-degree murder penalty of 30 years in prison
. Alford appealed on the constitutional ground that his plea was "the product of fear and coercion", in violation of his constitutional rights. A federal appeals court ruled that the plea was involuntary because it was motivated by fear of the death sentence, and the court should have rejected the guilty plea. The federal appeals court vacated the sentence of the lower court.
wrote that the Court had accepted the case for review because some states authorized conviction only for a crime “where guilt is shown,” including by means of a guilty plea that included an actual admission of guilt; but “others have concluded that they should not ‘force any defense on a defendant in a criminal case,’ particularly when advancement of the defense might ‘end in disaster…’” and therefore would accept a guilty plea in Alford's circumstances.
White wrote that courts must accept whatever plea a defendant chooses to enter, as long as the defendant is competently represented by counsel; the plea is intelligently chosen; and “the record before the judge contains strong evidence of actual guilt.” Faced with “grim alternatives,” the defendant's best choice of action may be to plead guilty to the crime, White wrote, and the courts must accept the defendant's choice made in his own interests.
stated that capital punishment in the United States
was unconstitutional, and wrote that the actual effect of this unconstitutional threat to Alford was to induce a guilty plea. He concluded the plea should have been vacated and Alford should have been retried, writing: "the facts set out in the majority opinion demonstrate that Alford was 'so gripped by fear of the death penalty' that his decision to plead guilty was not voluntary but was "the product of duress as much so as choice reflecting physical constraint."
" aspect of a criminal trial, in which the community sees that the guilty are punished.
Court cases
Case citation
Case citation is the system used in many countries to identify the decisions in past court cases, either in special series of books called reporters or law reports, or in a 'neutral' form which will identify a decision wherever it was reported...
(1970), was a case in which the Supreme Court of the United States
Supreme Court of the United States
The Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
affirmed that there are no constitutional barriers in place to prevent a judge from accepting a guilty plea from a defendant who wants to plead guilty while still protesting his innocence. This type of plea has become known as an Alford plea
Alford plea
An Alford plea in United States law is a guilty plea in criminal court, where the defendant does not admit the act and asserts innocence...
, differing slightly from the nolo contendere
Nolo contendere
is a legal term that comes from the Latin for "I do not wish to contend." It is also referred to as a plea of no contest.In criminal trials, and in some common law jurisdictions, it is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of...
plea in which the defendant agrees to being sentenced for the crime, but does not admit guilt.
Trial and appeals
Henry Alford was indicted for first-degree murder in North CarolinaNorth Carolina
North Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
in December 1963. His attorney interviewed several witnesses who led him to believe Alford was guilty, and that Alford would probably be convicted in a trial. The attorney recommended Alford plead guilty to the lesser charge of second-degree murder in order to face a lesser sentence, but left the decision to Alford. Before the plea was entered, the court heard sworn testimony from three witnesses. There were no eyewitnesses to the murder, but witnesses swore that Alford had taken his gun from his house and declared he was going to kill the victim, and upon returning, stated that he had killed the victim. Alford pled guilty to second-degree murder but declared to the court that he was in fact innocent, and was pleading guilty only to avoid the death penalty, which might have been applied had he been convicted of first-degree murder.
The judge sentenced Alford to the maximum second-degree murder penalty of 30 years in prison
Prison
A prison is a place in which people are physically confined and, usually, deprived of a range of personal freedoms. Imprisonment or incarceration is a legal penalty that may be imposed by the state for the commission of a crime...
. Alford appealed on the constitutional ground that his plea was "the product of fear and coercion", in violation of his constitutional rights. A federal appeals court ruled that the plea was involuntary because it was motivated by fear of the death sentence, and the court should have rejected the guilty plea. The federal appeals court vacated the sentence of the lower court.
Majority
Justice Byron WhiteByron White
Byron Raymond "Whizzer" White won fame both as a football halfback and as an associate justice of the Supreme Court of the United States. Appointed to the court by President John F. Kennedy in 1962, he served until his retirement in 1993...
wrote that the Court had accepted the case for review because some states authorized conviction only for a crime “where guilt is shown,” including by means of a guilty plea that included an actual admission of guilt; but “others have concluded that they should not ‘force any defense on a defendant in a criminal case,’ particularly when advancement of the defense might ‘end in disaster…’” and therefore would accept a guilty plea in Alford's circumstances.
White wrote that courts must accept whatever plea a defendant chooses to enter, as long as the defendant is competently represented by counsel; the plea is intelligently chosen; and “the record before the judge contains strong evidence of actual guilt.” Faced with “grim alternatives,” the defendant's best choice of action may be to plead guilty to the crime, White wrote, and the courts must accept the defendant's choice made in his own interests.
Dissent
In the dissent, Justice William BrennanWilliam J. Brennan, Jr.
William Joseph Brennan, Jr. was an American jurist who served as an Associate Justice of the United States Supreme Court from 1956 to 1990...
stated that capital punishment in the United States
Capital punishment in the United States
Capital punishment in the United States, in practice, applies only for aggravated murder and more rarely for felony murder. Capital punishment was a penalty at common law, for many felonies, and was enforced in all of the American colonies prior to the Declaration of Independence...
was unconstitutional, and wrote that the actual effect of this unconstitutional threat to Alford was to induce a guilty plea. He concluded the plea should have been vacated and Alford should have been retried, writing: "the facts set out in the majority opinion demonstrate that Alford was 'so gripped by fear of the death penalty' that his decision to plead guilty was not voluntary but was "the product of duress as much so as choice reflecting physical constraint."
Commentary
Stephanos Bibas has spoken out against the Alford plea on the moral ground that it undermines public confidence in the accuracy and fairness of the criminal justice system, sending some people to jail who profess innocence; and that it dodges the "morality playMorality play
The morality play is a genre of Medieval and early Tudor theatrical entertainment. In their own time, these plays were known as "interludes", a broader term given to dramas with or without a moral theme. Morality plays are a type of allegory in which the protagonist is met by personifications of...
" aspect of a criminal trial, in which the community sees that the guilty are punished.
See also
- List of United States Supreme Court cases, volume 400
- Hudson v. United States,
- Brady v. United StatesBrady v. United StatesBrady v. United States, , was a case in which the United States Supreme Court refused to hold that enormous sentencing discounts and threats of the death penalty are sufficient evidence of coercion.-Trial:...
, - Frendak v. United StatesFrendak v. United StatesFrendak v. United States, 408 A.2d 364 is a landmark case in which United States Court of Appeals for the District of Columbia Circuit decided that a judge could not impose an insanity defense over the defendant's objections.-Circumstances:...
External links
- Issue: Effect of Alford Plea of Guilty, Issues In NY Criminal Law, Volume 4, Issue 11.
- Transcript Of Plea Form, North CarolinaNorth CarolinaNorth Carolina is a state located in the southeastern United States. The state borders South Carolina and Georgia to the south, Tennessee to the west and Virginia to the north. North Carolina contains 100 counties. Its capital is Raleigh, and its largest city is Charlotte...
, with question about Alford plea
Court cases
- North Carolina v. Alford, Supreme Court of the United StatesSupreme Court of the United StatesThe Supreme Court of the United States is the highest court in the United States. It has ultimate appellate jurisdiction over all state and federal courts, and original jurisdiction over a small range of cases...
- US v. Szucko, case cited by United States Court of Appeals for the Fifth CircuitUnited States Court of Appeals for the Fifth CircuitThe United States Court of Appeals for the Fifth Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* Eastern District of Louisiana* Middle District of Louisiana...
- US v. Bierd, case cited by United States Court of Appeals for the First CircuitUnited States Court of Appeals for the First CircuitThe United States Court of Appeals for the First Circuit is a federal court with appellate jurisdiction over the district courts in the following districts:* District of Maine* District of Massachusetts...