Alford plea

In United States law, an Alford plea, also called a Kennedy plea in West Virginia, an Alford guilty plea, and the Alford doctrine, is a guilty plea in criminal court, whereby a defendant in a criminal case does not admit to the criminal act and asserts innocence, but accepts imposition of a sentence.

This plea is allowed even if the evidence to be presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond reasonable doubt. This can be caused by circumstantial evidence and testimony favoring the prosecution, and difficulty finding evidence and witnesses that would aid the defense.

Alford pleas are permissible in all U.S. federal and state courts except Indiana, Michigan, and New Jersey. They are not permitted in United States military courts.

The Alford guilty plea is named after the United States Supreme Court case of North Carolina v. Alford (1970). Henry Alford had been indicted on a charge of first-degree murder in 1963. Evidence in the case included testimony from witnesses that Alford himself had said, after the victim's death, that he had killed the individual. Court testimony showed that Alford and the victim had argued at the victim's house. Alford left the house, and afterward, the victim received a fatal gunshot wound when he opened the door responding to a knock.

Alford was faced with the possibility of capital punishment if convicted in a jury trial. The death penalty was the default sentence in North Carolina at the time if two criteria were satisfied: the defendant had to have pleaded not guilty, and the jury did not instead recommend a life sentence. Had Alford pleaded guilty to first-degree murder, he would have had the possibility of a life sentence and would have avoided the death penalty, but he did not want to admit guilt. Nonetheless, Alford pleaded guilty to second-degree murder and said he was doing so to avoid a death sentence, were he to be convicted of first-degree murder after attempting to contest that charge. Alford was sentenced to 30 years in prison after the trial judge accepted the plea bargain and ruled that the defendant had been adequately advised by his lawyer.

Alford appealed and requested a new trial, arguing he was forced into a guilty plea because he was afraid of receiving a death sentence. The Supreme Court of North Carolina ruled that the defendant had voluntarily entered the guilty plea with knowledge of what that meant. Following this ruling, Alford petitioned for a writ of habeas corpus in the United States District Court for the Middle District of North Carolina, which upheld the initial ruling, and subsequently to the United States Court of Appeals for the Fourth Circuit, which ruled that Alford's plea was not voluntary because it was made under fear of the death penalty. "I just pleaded guilty because they said if I didn't, they would gas me for it," wrote Alford in one of his appeals.

The case was then appealed to the U.S. Supreme Court, where Justice Byron White wrote the majority decision. The Court held that for the plea to be accepted, the defendant must have been advised by a competent lawyer who could inform him that his best option was to enter a guilty plea. The Court ruled that the defendant can enter such a plea "when he concludes that his interests require a guilty plea and the record strongly indicates guilt." The Court allowed the guilty plea with a simultaneous protestation of innocence only because there was enough evidence to show that the prosecution had a strong case for conviction and that the defendant was entering such a plea to avoid the possible sentence. The Court noted that even if the defendant could have shown that he would not have entered a guilty plea "but for" the rationale of receiving a lesser sentence, the plea itself would not have been ruled invalid. As evidence existed that could have supported Alford's conviction, the Supreme Court held that his guilty plea was allowable, while the defendant himself still maintained that he was not guilty.

The Dictionary of Politics: Selected American and Foreign Political and Legal Terms defines the term "Alford plea" as: "A plea under which a defendant may choose to plead guilty, not because of an admission to the crime, but because the prosecutor has sufficient evidence to place a charge and to obtain conviction in court. The plea is commonly used in local and state courts in the United States." According to University of Richmond Law Review, "When offering an Alford plea, a defendant asserts his innocence but admits that sufficient evidence exists to convict him of the offense." A Guide to Military Criminal Law notes that under the Alford plea, "the defendant concedes that the prosecution has enough evidence to convict, but the defendant still refuses to admit guilt." The book Plea Bargaining's Triumph: A History of Plea Bargaining in America published by Stanford University Press defines the plea as one in "which the defendant adheres to his/her claim of innocence even while allowing that the government has enough evidence to prove his/her guilt beyond a reasonable doubt". According to the book Gender, Crime, and Punishment published by Yale University Press, "Under the Alford doctrine, a defendant does not admit guilt but admits that the state has sufficient evidence to find him or her guilty, should the case go to trial." Webster's New World Law Dictionary defines Alford plea as: "A guilty plea entered as part of a plea bargain by a criminal defendant who denies committing the crime or who does not actually admit his guilt. In federal courts, such plea may be accepted as long as there is evidence that the defendant is actually guilty."