Alford Plea
An Alford plea is a plea agreement where a defendant in a criminal case pleads guilty to the crimes while also maintaining their innocence. It is typically used when the defendant admits that there is enough evidence to convict them and that the plea will lower the criminal penalties awarded to them.
Origins
The Alford plea came into existence in a 1970 first-degree murder case. The accused, Henry Alford, stated that he was innocent of the crime he was accused of. At the same time, the evidence against Henry Alford was strong enough to convict him of first-degree murder and, consequently, the death penalty. But Henry Alford maintained that he was innocent.
A plea bargain was made, and Henry Alford’s first-degree murder charges were reduced to second-degree murder charges. Henry Alford continued pressing the judge that he was innocent. Instead of the death penalty, the judge sentenced Henry Alford to 30 years in prison.
When the Alford plea is used
The Alford plea is generally used in scenarios where the defendant doesn’t have sufficient evidence to prove his alibi or deny his role in the crime. Defendants also use it when the prosecution’s arguments are too strong to counter.
A defendant using an Alford plea doesn’t admit guilt, but they will accept that they cannot defend their stance in their case. They will also accept whatever penalty the judge awards them. In some cases, this may lead to the judge reducing the severity of the punishments they hand out.
As per the order of the Supreme Court, the Alford plea is only used in select circumstances. The plea is permitted only when the defendant has no other options left. Additionally, the prosecution must have strong evidence proving the defendant’s role in the crime, thereby claiming that the defendant is guilty. If there are no options left and the prosecution rejects a plea bargain, then the defendant can use the Alford plea.
States that use the Alford plea
With the exception of New Jersey, Michigan, and Indiana, the Alford plea can be used in all other states. Though the Alford plea increases the probability of a reduced sentence for the defendant, the judge may consider the factors of the case. Based on this, the judge may conclude that the plea is involuntary or inaccurate.
Outside these 3 states, the defendant’s lawyer usually explains all the options the defendant has in a criminal case. When the prosecution has strong evidence and makes compelling arguments, the Alford plea becomes the defendant’s only available choice.
