Alford plea
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In the law of the United States, an Alford plea is a plea in criminal court in which the defendant does not admit the act and asserts innocence, but admits that sufficient evidence exists with which the prosecution could likely convince a judge or jury to find the defendant guilty. Upon receiving an Alford plea from a defendant, the court may immediately pronounce the defendant guilty and impose sentence as if the defendant had otherwise been convicted of the crime; however, in many states, such as Massachusetts, a plea which "admits sufficient facts" more typically results in the case being continued without a finding and later dismissed. It is the prospect of an ultimate dismissal of charges which engenders most pleas of this type.[citation needed]
The Alford plea differs slightly from the nolo contendere ("no contest") plea. An Alford plea is simply a form of a guilty plea, and, as with other guilty pleas, the judge must see there is some factual basis for the plea. Therefore, a defendant's prior conviction via an Alford plea can be considered in future trials; and it will count as a "strike" if a three strikes law applies. On the other hand, a nolo contendere plea is in no way an admission of guilt, and it cannot be introduced in future trials as evidence of incorrigibility. However, courts do not have to accept a plea of nolo contendere, and this plea is not permitted in some states.
The Alford plea originated in the United States Supreme Court case of North Carolina v. Alford (1970), 400 US 25. Under subsequent case law, an Alford plea generally has the same effect as a plea of guilty with respect to sentencing, and use of the conviction as an aggravating factor if the defendant is later convicted of another offense.
[edit] Further reading
- Bibas, Stephanos (2003). "Harmonizing Substantive Criminal Law Values and Criminal Procedure: The Case of Alford and Nolo Contendere Pleas". Cornell Law Review 88 (6). doi:.
- Shipley, Curtis J. (1987). "The Alford Plea: A Necessary But Unpredictable Tool for the Criminal Defendant". Iowa Law Review 72: 1063. ISSN 0021-0552.
- Ward, Bryan H. (2003). "A Plea Best Not Taken: Why Criminal Defendants Should Avoid the Alford Plea". Missouri Law Review 68: 913. ISSN 0026-6604.
