12 Facts About Alford plea

In United States law, an Alford plea, 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 admits that the evidence presented by the prosecution would be likely to persuade a judge or jury to find the defendant guilty beyond a reasonable doubt.

Alford guilty plea is named after the United States Supreme Court case of North Carolina v Alford.

Henry Alford had been indicted on a charge of first-degree murder in 1963.

Evidence in the case included testimony from witnesses that Alford plea had said, after the victim's death, that he had killed the individual.

Alford plea left the house, and afterwards the victim received a fatal gunshot wound when he opened the door responding to a knock.

Related searches

Alford plea was faced with the possibility of capital punishment if convicted by a jury trial.

Supreme Court Justice Byron White wrote the majority decision, which held that for the Alford plea to be accepted, the defendant must have been advised by a competent lawyer who was able to inform the individual that his best decision in the case would be to enter a guilty Alford plea.

The Alford plea is commonly used in local and state courts in the United States.

Alford guilty plea is "a plea of guilty containing a protestation of innocence".

The Court held that a ruling that the Alford plea was entered into voluntarily is implied by the act of sentencing.

US Air Force attorney Steven E Walburn argues in a 1998 article in The Air Force Law Review that this form of guilty plea should be adopted for usage by the United States military.

Alford plea emphasizes that when allowing these pleas, "trial counsel should establish as strong a factual basis as possible", in order to minimize the possible negative outcomes to "the public's perception of the administration of justice within the military".