List of people who entered an Alford plea
Encyclopedia
The following is an incomplete list of notable individuals that have entered an Alford plea
. An Alford plea (also referred to as Alford guilty plea and Alford doctrine) in the law of the United States is a guilty
plea
in criminal court
, where the defendant
does not admit the act and asserts innocence
. Under the Alford plea the defendant admits that sufficient evidence
exists with which the prosecution could likely convince a judge or jury to find the defendant guilty beyond a reasonable doubt.
This form of plea is derived from the 1970 ruling by the Supreme Court of the United States
, in the case North Carolina v. Alford
. Henry Alford of Forsyth County, North Carolina
was indicted for first degree murder in 1963. At the time under North Carolina
law a conviction of first degree murder automatically brought with it the death penalty, unless the jury recommended otherwise, in which case the defendant would receive a mandatory life sentence. Alford said he was innocent, but the prosecution had significant evidence to the contrary. Witnesses stated Alford had said he wanted to kill the victim, then grabbed his gun and left his residence. Witnesses said that Alford subsequently declared he had killed the victim. His defense advised Alford to plead to the crime of second degree murder because of the belief that the strong evidence would lead to a conviction. He pled guilty to second degree murder in 1963. He did so in order to avoid a possible death sentence
. Alford maintained he was innocent of the crime itself, but feared going to trial because of the capital punishment
associated with the charge of first degree murder. He was given a sentence of thirty years in jail.
Alford appealed, and argued that his conviction for second degree murder should be overturned because he said the plea was coercive in nature. The matter came before the Supreme Court, and in its ruling the court said that the trial judge in Alford's criminal case was appropriate in having accepted the defendant's plea of guilty. The Court said that the decision to plead guilty while maintaining his innocence was a reasonable choice for Alford to have made at the time. Supreme Court Justice Byron White
wrote the majority opinion. The Supreme Court case was decided 5–3. "[T]hat he would not have pleaded except for the opportunity to limit the possible penalty does not necessarily demonstrate that the plea of guilty was not the product of a free and rational choice", said the Supreme Court decision. The Court ruled that a plea of guilty that was "a voluntary and intelligent choice among the alternative courses of action" was not a coercive decision. Justice White wrote that, "Express admission of guilt is not constitutional requisite to imposition of criminal penalty." In 1975, Alford died while in jail at the age of 57.
law professor Robert P. Mosteller commented on this possible effect at sentencing, "They get you more harm than good." Orange County, North Carolina
District Attorney
Jim Woodall said that the frequency of Alford pleas is higher with criminal cases involving a charge of a sexual offense, as the defendant does not wish to admit to their family and the public that they were responsible for the crime. Psychologist
Bob Carbo noted that sexual offenders undergoing treatment for their actions after being ordered to so under terms of their Alford plea cause problems because the first step in therapy is to take responsibility for committing the crime. "We can't help this person if they're not willing to admit they did something", said Carbo.
John Gulash, a lawyer on the Connecticut
State Bar Association
's criminal justice executive committee, acknowledged, "It's unfortunate, but it's a reality that you will receive, in most instances, a much more severe penalty if you lost after trial than if you pled before the trial." Defendants gain the potential benefit of being able to tell possible employers after their conviction in a crime that they maintained their innocence and only pled guilty under the Alford doctrine because of the nature of the situation and the evidence presented. Professor of law at Quinnipiac University
and former federal prosecutor Jeffrey Meyer said of the Alford doctrine, "It's part of an idealist vision of a judicial system that it is for the adjudication of truth." Meyer commented on what would happen were the Alford doctrine to become no longer applicable, "My suspicion is if the state could dispense with the Alford doctrine, over time, it probably wouldn't change very much the rate at which cases plead out. More than 95 percent of cases in federal court go by guilty plea. It's difficult to make the case that without the Alford doctrine, there would be an immense number of defendants who would end up going to trial." Raleigh, North Carolina
lawyer Wade Smith said that the frequency of application of the Alford plea is, "Fairly often. There are many times when people don't want to plead guilty, but then do, in fact, plead guilty."
Court cases
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...
. An Alford plea (also referred to as Alford guilty plea and Alford doctrine) in the law of the United States is a guilty
Guilt (law)
In criminal law, guilt is entirely externally defined by the state, or more generally a “court of law.” Being “guilty” of a criminal offense means that one has committed a violation of criminal law, or performed all the elements of the offense set out by a criminal statute...
plea
Plea
In legal terms, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. Colloquially, a plea has come to mean the assertion by a criminal defendant at arraignment, or otherwise in response to a criminal charge, whether that...
in criminal court
Criminal justice
Criminal Justice is the system of practices and institutions of governments directed at upholding social control, deterring and mitigating crime, or sanctioning those who violate laws with criminal penalties and rehabilitation efforts...
, where the defendant
Defendant
A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute...
does not admit the act and asserts innocence
Innocence
Innocence is a term used to indicate a lack of guilt, with respect to any kind of crime, sin, or wrongdoing. In a legal context, innocence refers to the lack of legal guilt of an individual, with respect to a crime.-Symbolism:...
. Under the Alford plea the defendant admits that sufficient evidence
Evidence
Evidence in its broadest sense includes everything that is used to determine or demonstrate the truth of an assertion. Giving or procuring evidence is the process of using those things that are either presumed to be true, or were themselves proven via evidence, to demonstrate an assertion's truth...
exists with which the prosecution could likely convince a judge or jury to find the defendant guilty beyond a reasonable doubt.
Supreme Court case
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...
, in the case North Carolina v. Alford
North Carolina v. Alford
North Carolina v. Alford, 400 U.S. 25 , 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...
. Henry Alford of Forsyth County, North Carolina
Forsyth County, North Carolina
-Demographics:As of the census of 2000, there were 306,067 people, 123,851 households, and 81,741 families residing in the county. The population density was 747 people per square mile . There were 133,093 housing units at an average density of 325 per square mile...
was indicted for first degree murder in 1963. At the time under North Carolina
North 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...
law a conviction of first degree murder automatically brought with it the death penalty, unless the jury recommended otherwise, in which case the defendant would receive a mandatory life sentence. Alford said he was innocent, but the prosecution had significant evidence to the contrary. Witnesses stated Alford had said he wanted to kill the victim, then grabbed his gun and left his residence. Witnesses said that Alford subsequently declared he had killed the victim. His defense advised Alford to plead to the crime of second degree murder because of the belief that the strong evidence would lead to a conviction. He pled guilty to second degree murder in 1963. He did so in order to avoid a possible death sentence
Death Sentence
Death Sentence is a short story by the American science-fiction writer Isaac Asimov. It was first published in the November 1943 issue of Astounding Science Fiction and reprinted in the 1972 collection The Early Asimov.-Plot summary:...
. Alford maintained he was innocent of the crime itself, but feared going to trial because of the capital punishment
Capital punishment
Capital punishment, the death penalty, or execution is the sentence of death upon a person by the state as a punishment for an offence. Crimes that can result in a death penalty are known as capital crimes or capital offences. The term capital originates from the Latin capitalis, literally...
associated with the charge of first degree murder. He was given a sentence of thirty years in jail.
Alford appealed, and argued that his conviction for second degree murder should be overturned because he said the plea was coercive in nature. The matter came before the Supreme Court, and in its ruling the court said that the trial judge in Alford's criminal case was appropriate in having accepted the defendant's plea of guilty. The Court said that the decision to plead guilty while maintaining his innocence was a reasonable choice for Alford to have made at the time. Supreme Court Justice Byron White
Byron 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 the majority opinion. The Supreme Court case was decided 5–3. "[T]hat he would not have pleaded except for the opportunity to limit the possible penalty does not necessarily demonstrate that the plea of guilty was not the product of a free and rational choice", said the Supreme Court decision. The Court ruled that a plea of guilty that was "a voluntary and intelligent choice among the alternative courses of action" was not a coercive decision. Justice White wrote that, "Express admission of guilt is not constitutional requisite to imposition of criminal penalty." In 1975, Alford died while in jail at the age of 57.
Usage of plea
When a defendant indicates an intention to plead guilty by Alford plea, the judge asks two questions: "Do you now consider it to be in your best interest to plead guilty?" and "Do you understand that upon your 'Alford plea' you will be treated as being guilty whether or not you admit that you are in fact guilty?" Prosecutors and defense lawyers characterize Alford pleas as a required method of lessening pressure of the nature of the justice process. Both parties get to maneuver around not knowing what the outcome could be at trial, and are able to come to a resolution. The Alford plea does not itself affect the sentencing process, and the convicted individual is sentenced just as if he had entered a normal guilty plea. The defendant may be hurt at the sentencing process by having used an Alford plea, as the judge may see this as a sign that the defendant has not accepted responsibility for his actions. Duke UniversityDuke University
Duke University is a private research university located in Durham, North Carolina, United States. Founded by Methodists and Quakers in the present day town of Trinity in 1838, the school moved to Durham in 1892. In 1924, tobacco industrialist James B...
law professor Robert P. Mosteller commented on this possible effect at sentencing, "They get you more harm than good." Orange County, North Carolina
Orange County, North Carolina
Orange County is a county located in the U.S. state of North Carolina. As of the 2010 census, the population was 133,801. Its county seat is Hillsborough...
District Attorney
District attorney
In many jurisdictions in the United States, a District Attorney is an elected or appointed government official who represents the government in the prosecution of criminal offenses. The district attorney is the highest officeholder in the jurisdiction's legal department and supervises a staff of...
Jim Woodall said that the frequency of Alford pleas is higher with criminal cases involving a charge of a sexual offense, as the defendant does not wish to admit to their family and the public that they were responsible for the crime. Psychologist
Psychologist
Psychologist is a professional or academic title used by individuals who are either:* Clinical professionals who work with patients in a variety of therapeutic contexts .* Scientists conducting psychological research or teaching psychology in a college...
Bob Carbo noted that sexual offenders undergoing treatment for their actions after being ordered to so under terms of their Alford plea cause problems because the first step in therapy is to take responsibility for committing the crime. "We can't help this person if they're not willing to admit they did something", said Carbo.
John Gulash, a lawyer on the Connecticut
Connecticut
Connecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
State Bar Association
State bar association
A state bar association is a bar association that represents or seeks to represent all of the attorneys in a specific U.S. state. Membership in such an association may be voluntary or mandatory for practitioners in that state. State bar associations may be tasked with the administration of the...
's criminal justice executive committee, acknowledged, "It's unfortunate, but it's a reality that you will receive, in most instances, a much more severe penalty if you lost after trial than if you pled before the trial." Defendants gain the potential benefit of being able to tell possible employers after their conviction in a crime that they maintained their innocence and only pled guilty under the Alford doctrine because of the nature of the situation and the evidence presented. Professor of law at Quinnipiac University
Quinnipiac University
Quinnipiac University is a private, nonsectarian, coeducational university located in Hamden, Connecticut, United States at the foot of Sleeping Giant State Park...
and former federal prosecutor Jeffrey Meyer said of the Alford doctrine, "It's part of an idealist vision of a judicial system that it is for the adjudication of truth." Meyer commented on what would happen were the Alford doctrine to become no longer applicable, "My suspicion is if the state could dispense with the Alford doctrine, over time, it probably wouldn't change very much the rate at which cases plead out. More than 95 percent of cases in federal court go by guilty plea. It's difficult to make the case that without the Alford doctrine, there would be an immense number of defendants who would end up going to trial." Raleigh, North Carolina
Raleigh, North Carolina
Raleigh is the capital and the second largest city in the state of North Carolina as well as the seat of Wake County. Raleigh is known as the "City of Oaks" for its many oak trees. According to the U.S. Census Bureau, the city's 2010 population was 403,892, over an area of , making Raleigh...
lawyer Wade Smith said that the frequency of application of the Alford plea is, "Fairly often. There are many times when people don't want to plead guilty, but then do, in fact, plead guilty."
A
- Henry AlfordNorth Carolina v. AlfordNorth Carolina v. Alford, 400 U.S. 25 , 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...
– indicted for first degree murder in 1963; maintained his innocence but pled guilty to second degree murder due to the significance of the evidence. He pled guilty to second degree murder so as to avoid the death penalty. Alford appealed, and the 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...
issued a ruling that trial courts are allowed to accept pleas of guilty from criminal defendants even if the defendants do not wish to admit to guilty, and wish to plead guilty in order to take advantage of a plea deal. This type of plea described by the 1970 ruling of the Supreme Court became known as the Alford plea.
B
- Scott BairstowScott BairstowScott Hamilton Bairstow is a Canadian-born American actor known for his roles as "Newt Call" on the Lonesome Dove series in Canada and as "Ned Grayson" on the American television drama series, Party of Five...
– actor of Party of FiveParty of FiveParty of Five is an American teen drama television series that aired on Fox for six seasons, from September 12, 1994, until May 3, 2000.Critically acclaimed, the show suffered from low ratings and after its first season was slated for cancellation...
fame, entered Alford plea in 2003 to second-degree assault; was initially charged with second-degree child rape of 12-year old girl. He received a sentence of four months in jail for the assault.
- Jason Baldwin. Arkansas, 2011 One of the West Memphis ThreeWest Memphis ThreeThe West Memphis Three are three men who were tried and convicted as teenagers in 1994 of the 1993 murders of three boys in West Memphis, Arkansas. Damien Echols was sentenced to death, Jessie Misskelley, Jr. was sentenced to life imprisonment plus two 20-year sentences, and Jason Baldwin was...
. Along with Echols and Misskelley, he was convicted of the 1993 murders of three 8-year-old boys in 1994. He was sentenced to life without parole. He entered the plea to get Echols off death row. He was sentenced to time served: 18 years and 78 days and released that same day.
- James B. BlackJames B. BlackDr. James "Jim" Boyce Black is a member of the North Carolina Democratic Party, and a former Democratic member of the North Carolina General Assembly who represented the state's 100th House district, including constituents in Mecklenburg County...
, former Speaker of the North Carolina House of RepresentativesSpeaker of the North Carolina House of RepresentativesThe Speaker of the North Carolina House of Representatives is the presiding officer of one of the houses of the North Carolina General Assembly. The Speaker is elected by the members of the house when they convene for their regular session in January of each odd-numbered year...
, gave an Alford plea in 2007 on charges brought by the state of 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...
of obstruction of justiceObstruction of justiceThe crime of obstruction of justice, in United States jurisdictions, refers to the crime of interfering with the work of police, investigators, regulatory agencies, prosecutors, or other officials...
and briberyBriberyBribery, a form of corruption, is an act implying money or gift giving that alters the behavior of the recipient. Bribery constitutes a crime and is defined by Black's Law Dictionary as the offering, giving, receiving, or soliciting of any item of value to influence the actions of an official or...
. Black was accused of bribing former state Representative Michael Decker $50,000 to switch his political allegiance, thereby keeping Black in power as co-Speaker of the House.
- Michael BrayMichael BrayMichael Bray is an American anti-abortion activist convicted in 1985 of two counts of conspiracy and one count of possessing unregistered explosive devices in relation to 10 bombings of women's health clinics and offices of liberal advocacy groups in Washington, D.C., Maryland and Virginia...
– American anti-abortionPro-lifeOpposition to the legalization of abortion is centered around the pro-life, or anti-abortion, movement, a social and political movement opposing elective abortion on moral grounds and supporting its legal prohibition or restriction...
activist; he was arrested by U.S. federal law enforcement from the ATFBureau of Alcohol, Tobacco, Firearms and ExplosivesThe Bureau of Alcohol, Tobacco, Firearms and Explosives is a federal law enforcement organization within the United States Department of Justice...
in connection with an anti-abortion bombing. He entered an Alford plea in 1987 and received a prison sentence of six years. He served just over forty-six months in a federal jail.
- Ted BrownTed BrownTed Brown is an American and former collegiate and professional football player. He attended High Point high school, before attending North Carolina State University.-Football career:...
– American and former collegiateCollege footballCollege football refers to American football played by teams of student athletes fielded by American universities, colleges, and military academies, or Canadian football played by teams of student athletes fielded by Canadian universities...
and professional footballAmerican footballAmerican football is a sport played between two teams of eleven with the objective of scoring points by advancing the ball into the opposing team's end zone. Known in the United States simply as football, it may also be referred to informally as gridiron football. The ball can be advanced by...
player, played for the Minnesota VikingsMinnesota VikingsThe Minnesota Vikings are a professional American football team based in Minneapolis, Minnesota. The Vikings joined the National Football League as an expansion team in 1960...
. After being charged with criminal sexual assault in an incident in Mille Lacs County, MinnesotaMille Lacs County, MinnesotaAs of the census of 2000, there were 22,330 people, 8,638 households, and 6,003 families residing in the county. The population density was 39 people per square mile . There were 10,467 housing units at an average density of 18 per square mile...
, Brown entered an Alford plea on a lesser charge, and agreed to perform 100 hours of community service. Mille Lacs County challenged the plea deal, and in 2006 a ruling from the Minnesota Court of AppealsMinnesota Court of AppealsThe Minnesota Court of Appeals is the intermediate appellate court for the state of Minnesota. It began operating on November 1, 1983. It is housed in the Minnesota Judicial Center in St...
overturned it after the woman involved in the incident told prosecutors she did not approve of the deal.
C
- H. Brent ColesH. Brent ColesH. Brent Coles served as mayor of Boise, Idaho, from 1993 to 2003.Coles was appointed mayor upon the resignation of Dirk Kempthorne, who was elected to the United States Senate...
– former MayorMayorIn many countries, a Mayor is the highest ranking officer in the municipal government of a town or a large urban city....
of Boise, IdahoBoise, IdahoBoise is the capital and most populous city of the U.S. state of Idaho, as well as the county seat of Ada County. Located on the Boise River, it anchors the Boise City-Nampa metropolitan area and is the largest city between Salt Lake City, Utah and Portland, Oregon.As of the 2010 Census Bureau,...
; entered an Alford plea to two felony charges of presenting a fraudulent account or voucher and misuse of public money by officers. The plea was made in accordance with a deal by the State Attorney GeneralState Attorney GeneralThe state attorney general in each of the 50 U.S. states and territories is the chief legal advisor to the state government and the state's chief law enforcement officer. In some states, the attorney general serves as the head of a state department of justice, with responsibilities similar to those...
of IdahoIdahoIdaho is a state in the Rocky Mountain area of the United States. The state's largest city and capital is Boise. Residents are called "Idahoans". Idaho was admitted to the Union on July 3, 1890, as the 43rd state....
. Coles had resigned from his position as mayor amidst complaints filed against him by the State Attorney General's office.
E
- Damien Echols, Arkansas, 2011. One of the West Memphis ThreeWest Memphis ThreeThe West Memphis Three are three men who were tried and convicted as teenagers in 1994 of the 1993 murders of three boys in West Memphis, Arkansas. Damien Echols was sentenced to death, Jessie Misskelley, Jr. was sentenced to life imprisonment plus two 20-year sentences, and Jason Baldwin was...
. Along with Baldwin and Misskelley, he was convicted in 1994 for the 1993 murders of three 8-year-old boys. He was sentenced to death but always maintained his innocence. After entering the plea, he was sentenced to time served: 18 years and 78 days, and was released that same day.
F
- Benjamin Fawley – entered an Alford plea in 2006 to second degree murder in the Murder of Taylor Behl. He received a sentence of 30 years in jail. In November 2008, a judge rejected a petition by Fawley to have his sentence thrown out.
- Bob FilnerBob FilnerRobert Earl Filner is the U.S. Representative for , and previously the 50th, serving since 1993, and Chairman of the House Committee on Veterans' Affairs since 2007. He is a member of the Democratic Party...
– DemocraticDemocratic Party (United States)The Democratic Party is one of two major contemporary political parties in the United States, along with the Republican Party. The party's socially liberal and progressive platform is largely considered center-left in the U.S. political spectrum. The party has the lengthiest record of continuous...
politicianPoliticianA politician, political leader, or political figure is an individual who is involved in influencing public policy and decision making...
who represents California's 51st Congressional DistrictCalifornia's 51st congressional districtCalifornia's 51st congressional district is a congressional district in the U.S. state of California. The district includes all of Imperial County and the extreme southern portions of San Diego County that run across the U.S.-Mexico border...
in the U.S. House of RepresentativesUnited States House of RepresentativesThe United States House of Representatives is one of the two Houses of the United States Congress, the bicameral legislature which also includes the Senate.The composition and powers of the House are established in Article One of the Constitution...
; entered an Alford plea in 2007 to charges of trespassing. He had faced charges of assaultAssaultIn law, assault is a crime causing a victim to fear violence. The term is often confused with battery, which involves physical contact. The specific meaning of assault varies between countries, but can refer to an act that causes another to apprehend immediate and personal violence, or in the more...
and battery (crime)Battery (crime)Battery is a criminal offense involving unlawful physical contact, distinct from assault which is the fear of such contact.In the United States, criminal battery, or simply battery, is the use of force against another, resulting in harmful or offensive contact...
in an incident where a baggage handlerBaggage handlerIn the airline industry, a baggage handler is a person who loads and unloads baggage , and other cargo for transport via aircraft...
for United AirlinesUnited AirlinesUnited Air Lines, Inc., is the world's largest airline with 86,852 employees United Air Lines, Inc., is the world's largest airline with 86,852 employees United Air Lines, Inc., is the world's largest airline with 86,852 employees (which includes the entire holding company United Continental...
at Dulles International Airport said he had pushed her. Filner was investigated in the matter by an ethics committee for the U.S House of Representatives.
J
- Adam JonesAdam Jones (American football)Adam "Pac-Man" Bernard Jones is an American cornerback and return specialist who is currently playing for the Cincinnati Bengals. He was drafted in the first round with the sixth-overall pick in the 2005 NFL Draft by the Tennessee Titans. He played college football at West Virginia.Jones has also...
– professional AmericanAmerican footballAmerican football is a sport played between two teams of eleven with the objective of scoring points by advancing the ball into the opposing team's end zone. Known in the United States simply as football, it may also be referred to informally as gridiron football. The ball can be advanced by...
cornerbackCornerbackA cornerback is a member of the defensive backfield or secondary in American and Canadian football. Cornerbacks cover receivers, to defend against pass offenses and make tackles. Other members of the defensive backfield include the safeties and occasionally linebackers. The cornerback position...
; entered an Alford plea in 2008 to a felony charge of obstruction of a police officer involving an incident from February 2006. After the plea deal involving the incident with the police officer in GeorgiaGeorgia (U.S. state)Georgia is a state located in the southeastern United States. It was established in 1732, the last of the original Thirteen Colonies. The state is named after King George II of Great Britain. Georgia was the fourth state to ratify the United States Constitution, on January 2, 1788...
, Jones received a felony conviction.
L
- Joseph Lawrence – entered Alford plea to second degree murder in 2005, the Murder of Jason Gage. He had been arrested hours after Gage's dead body was discovered. Lawrence was sentenced to a term of 50 years in prison.
M
- Darren MackDarren MackDarren Roy Mack became the subject of an international manhunt in June 2006 after being charged with the stabbing death of his 39-year-old estranged wife, Charla Mack, in the garage of their Reno, Nevada home. Mack was also suspected of, and later charged with, the sniper shooting of Family Court...
– entered Alford plea in 2008 to the charge of attempted murder related to shooting of Chuck Weller, family courtFamily courtA family court is a court convened to decide matters and make orders in relation to family law, such as custody of children. In common-law jurisdictions "family courts" are statutory creations primarily dealing with equitable matters devolved from a court of inherent jurisdiction, such as a...
judge in Washoe County, NevadaWashoe County, NevadaWashoe County is a county located in the U.S. state of Nevada. The population was 421,407 at the 2010 census. Its county seat is Reno. Washoe County includes the Reno-Sparks metropolitan area.-History:...
. Mack stated in court that he shot the judge on the same day he had cut his wife Charla Mack's throat at his residence in Reno, NevadaReno, NevadaReno is the county seat of Washoe County, Nevada, United States. The city has a population of about 220,500 and is the most populous Nevada city outside of the Las Vegas metropolitan area...
.
- Lee Boyd MalvoLee Boyd MalvoLee Boyd Malvo , is a spree killer convicted, along with John Allen Muhammad, of murders in connection with the Beltway sniper attacks, which took place in the Washington Metropolitan Area over a three-week period in October 2002...
– entered Alford plea in 2004 related to Beltway sniper attacksBeltway sniper attacksThe Washington sniper attacks took place during three weeks in October 2002 in Washington, D.C., Maryland, and Virginia. Ten people were killed and three others critically injured in various locations throughout the Washington Metropolitan Area and along Interstate 95 in Virginia...
, as part of a plea deal to avoid the death penalty. Malvo's Alford plea was treated as a guilty plea at his sentencing hearing, and he received a term of life in prison for charges of murder and attempted murder.
- Jessie Misskelley, Jr., Arkansas, 2011, One of the West Memphis ThreeWest Memphis ThreeThe West Memphis Three are three men who were tried and convicted as teenagers in 1994 of the 1993 murders of three boys in West Memphis, Arkansas. Damien Echols was sentenced to death, Jessie Misskelley, Jr. was sentenced to life imprisonment plus two 20-year sentences, and Jason Baldwin was...
. Along with Echols and Baldwin, he was convicted of the 1993 murders of three 8-year-old boys in 1994. He was sentenced to life in prison. After entering the plea, he was sentenced to time served: 18 years and 78 days, and was released that same day.
- Jeff MonsonJeff MonsonJeffrey William Monson is an American mixed martial artist from Olympia, Washington. He is a 2 time winner of the ADCC Submission Wrestling World Championship, and a No Gi Brazilian Jiu Jitsu World Champion. He currently holds the Heavyweight titles in the International Sport Karate Association...
– mixed martial artsMixed martial artsMixed Martial Arts is a full contact combat sport that allows the use of both striking and grappling techniques, both standing and on the ground, including boxing, wrestling, Brazilian jiu-jitsu, muay Thai, kickboxing, karate, judo and other styles. The roots of modern mixed martial arts can be...
fighter, entered an Alford plea related to the act of using spray-paint to add graffiti to the armed services recruitment center in Lacey, WashingtonLacey, WashingtonLacey is a city in Thurston County, Washington, United States. Established as a suburb of Olympia, its population was 42,393 at the 2010 census out of a county population of 252,264.-History:...
. In addition to the Alford plea to spray-painting the military recruiting building, Monson also pleaded guilty to first-degree malicious mischief for painting an anarchist symbol at the Washington State CapitolWashington State CapitolThe Washington State Capitol or Legislative Building in Olympia is the home of the government of the state of Washington. It contains chambers for the Washington State Legislature and offices for the governor, lieutenant governor, secretary of state and treasurer and is part of a campus consisting...
.
- John Michael MontgomeryJohn Michael MontgomeryJohn Michael Montgomery is an American country music artist. He has produced more than thirty singles on the Billboard country charts, including two of Billboard’s Number One country singles of the year: "I Swear" and "Sold "...
– country musicCountry musicCountry music is a popular American musical style that began in the rural Southern United States in the 1920s. It takes its roots from Western cowboy and folk music...
singer, entered an Alford plea in 2006, on charges related to drunken driving. Montgomery acknowledged that prosecutors in the case had sufficient evidence to convict him of the charges, agreed to pay fines and court costs and was ordered to finish an education session about alcohol usage.
P
- Ruben PattersonRuben PattersonRuben Nathaniel Patterson is a former American professional basketball player. During his career, he played as a small forward and shooting guard. During his college career at the University of Cincinnati, Patterson earned third-team All-American honors and helped lead the Bearcats to Conference...
– American professional basketballBasketballBasketball is a team sport in which two teams of five players try to score points by throwing or "shooting" a ball through the top of a basketball hoop while following a set of rules...
player; entered an Alford plea in 2001 while in Seattle, WashingtonSeattle, WashingtonSeattle is the county seat of King County, Washington. With 608,660 residents as of the 2010 Census, Seattle is the largest city in the Northwestern United States. The Seattle metropolitan area of about 3.4 million inhabitants is the 15th largest metropolitan area in the country...
, on a charge related to an incident with his children's nanny. He had been charged by prosecutors in King County, WashingtonKing County, WashingtonKing County is a county located in the U.S. state of Washington. The population in the 2010 census was 1,931,249. King is the most populous county in Washington, and the 14th most populous in the United States....
, with third-degree attempted rape, after the nanny stated to police that Patterson forced her to perform oral sexOral sexOral sex is sexual activity involving the stimulation of the genitalia of a sex partner by the use of the mouth, tongue, teeth or throat. Cunnilingus refers to oral sex performed on females while fellatio refer to oral sex performed on males. Anilingus refers to oral stimulation of a person's anus...
on him. Patterson received a sentence of 15 days in jail. Patterson was mandated to register as a sex offenderSex offenderA sex offender is a person who has committed a sex crime. What constitutes a sex crime differs by culture and by legal jurisdiction. Most jurisdictions compile their laws into sections such as traffic, assault, sexual, etc. The majority of convicted sex offenders have convictions for crimes of a...
in Washington.
R
- Bhagwan Shree RajneeshOsho (Bhagwan Shree Rajneesh)Osho , born Chandra Mohan Jain , and also known as Acharya Rajneesh from the 1960s onwards, as Bhagwan Shree Rajneesh during the 1970s and 1980s and as Osho from 1989, was an Indian mystic, guru, and spiritual teacher who garnered an international following.A professor of philosophy, he travelled...
– later called Osho. Founder of Rajneesh movementRajneesh movementThe Rajneesh movement is a term used by Hugh B. Urban and other commentators to refer collectively to persons inspired by the Indian mystic Osho , particularly initiated disciples who are referred to as "neo-sannyasins" or simply "sannyasins", also formerly known as Rajneeshees or "Orange People",...
. – entered an Alford plea and convicted on charges of immigration fraud. Fined $400,000 and deported from the United States in 1985, returned to his native India.
- Tina ReschTina ReschTina Resch , born October 23, 1969, achieved some fame during what the media called the Columbus Poltergeist case. In 1984 a series of alleged spontaneous telekinesis events at her home were covered extensively by news media...
, also known as Christina Boyer – entered an Alford plea to charges of aggravated assault and felony murder of Amber Bennet, Resch's three-year-old daughter. She received a jail sentence of life plus 20 years. Resch had previously been known for being related to possible poltergeistPoltergeistA poltergeist is a paranormal phenomenon which consists of events alluding to the manifestation of an imperceptible entity. Such manifestation typically includes inanimate objects moving or being thrown about, sentient noises and, on some occasions, physical attacks on those witnessing the...
activity, and she was studied by a parapsychologist.
- Koren RobinsonKoren RobinsonKoren Lynard Robinson is an American football wide receiver who is currently a free agent. He was drafted by the Seahawks ninth overall in the 2001 NFL Draft. He played college football at North Carolina State....
– American footballAmerican footballAmerican football is a sport played between two teams of eleven with the objective of scoring points by advancing the ball into the opposing team's end zone. Known in the United States simply as football, it may also be referred to informally as gridiron football. The ball can be advanced by...
wide receiverWide receiverA wide receiver is an offensive position in American and Canadian football, and is the key player in most of the passing plays. Only players in the backfield or the ends on the line are eligible to catch a forward pass. The two players who begin play at the ends of the offensive line are eligible...
, entered an Alford plea in 2007 related to a felony charge of evading police, after an incident involving a high speed car chase. Under a plea deal, Robinson agreed to plead guilty to one felony charge of fleeing police, and prosectuors agreed to dismiss other charges including drunken driving, reckless driving and driving without a licence.
- Scott RosenbergScott RosenbergScott Rosenberg is an American actor, screenwriter and film producer.- Biography :Born in Needham, Massachusetts in 1963, Rosenberg received a Bachelor's Degree from Boston University. He earned his MFA from UCLA...
– film screenwriter; along with actor Vince Vaughn, entered an Alford plea in relation to a fight that occurred in a bar in Wilmington, North CarolinaWilmington, North CarolinaWilmington is a port city in and is the county seat of New Hanover County, North Carolina, United States. The population is 106,476 according to the 2010 Census, making it the eighth most populous city in the state of North Carolina...
. The dispute occurred while the two were in the area filming Domestic DisturbanceDomestic DisturbanceDomestic Disturbance is a 2001 thriller film directed by Harold Becker and stars John Travolta and Vince Vaughn. It co-stars Teri Polo, Matt O'Leary and Steve Buscemi.-Plot:...
.
- Kelly RyanKelly RyanKelly Ann Ryan is a former International Federation of BodyBuilders professional fitness competitor.- Personal and professional background :...
– fitness professional, entered an Alford plea in 2008 in the death of Melissa James. James died in 2005; her body was found in a luxury vehicle in the desert outside Las Vegas, NevadaLas Vegas, NevadaLas Vegas is the most populous city in the U.S. state of Nevada and is also the county seat of Clark County, Nevada. Las Vegas is an internationally renowned major resort city for gambling, shopping, and fine dining. The city bills itself as The Entertainment Capital of the World, and is famous...
. As part of the Alford plea, Ryan pled guilty to battery with a deadly weapon resulting in significant bodily harm.
V
- Vince VaughnVince VaughnVincent Anthony "Vince" Vaughn is an American film actor, screenwriter, producer and comedian. He began acting in the late 1980s, appearing in minor television roles before attaining wider recognition with the 1996 movie Swingers...
– actor; with Scott Rosenberg, entered an Alford plea after altercation at a bar in North Carolina while filming Domestic Disturbance.
W
- West Memphis ThreeWest Memphis ThreeThe West Memphis Three are three men who were tried and convicted as teenagers in 1994 of the 1993 murders of three boys in West Memphis, Arkansas. Damien Echols was sentenced to death, Jessie Misskelley, Jr. was sentenced to life imprisonment plus two 20-year sentences, and Jason Baldwin was...
, Arkansas 2011. See Damien Echols, Jessie Misskelley, Jr. and Jason Baldwin. All three were convicted of the 1993 murders of three 8-year-old boys in 1994. In 2011, although DNA exonerated them, they agreed to an Alford plea to get Echols off death row and get out of prison. They maintain that they are innocent and will continue with their investigations on looking for the real killer and clear their names. As part of the deal, they were released that same day, they must serve 10 years probation, cannot seek civil litigations against the state, cannot profit off their story, and will be sent back to prison for another 21 years if they re-offend.
See also
- Alternative pleadingAlternative pleadingAlternative pleading permits a party in a court action to argue multiple possibilities that may be mutually exclusive by making use of legal fiction....
- Deferred AdjudicationDeferred AdjudicationDeferred adjudication is a form of plea deal available in various jurisdictions, where a defendant pleads "guilty" or "No Contest" to criminal charges in exchange for meeting certain requirements laid out by the court within an allotted period of time also ordered by the court...
- Insanity defense
- Malum in seMalum in seMalum in se is a Latin phrase meaning wrong or evil in itself. The phrase is used to refer to conduct assessed as sinful or inherently wrong by nature, independent of regulations governing the conduct...
- Malum prohibitumMalum prohibitumMalum prohibitum is a Latin phrase used in law to refer to conduct that constitutes an unlawful act only by virtue of statute, as opposed to conduct evil in and of itself, or malum in se. Conduct that was so clearly violative of society's standards for allowable conduct that it was illegal under...
- Peremptory pleaPeremptory pleaIn the common law, the peremptory pleas are pleas that set out special reasons for which a trial cannot go ahead. They are the plea of autrefois convict, the plea of autrefois acquit, and the plea of pardon....
External links
- Alford Doctrine – State of ConnecticutConnecticutConnecticut is a state in the New England region of the northeastern United States. It is bordered by Rhode Island to the east, Massachusetts to the north, and the state of New York to the west and the south .Connecticut is named for the Connecticut River, the major U.S. river that approximately...
, Judicial Branch - USAM 9–16.000 Pleas—Federal Rule of Criminal Procedure 11, United States Department of JusticeUnited States Department of JusticeThe United States Department of Justice , is the United States federal executive department responsible for the enforcement of the law and administration of justice, equivalent to the justice or interior ministries of other countries.The Department is led by the Attorney General, who is nominated...
- 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 term
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, Definition of term 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, Definition of term 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...