Alford Plea - Court and Government Usage

Court and Government Usage

This form of guilty plea has been frequently used in local and state courts in the United States, though it consists of a small percentage of all plea bargains in the U.S. The form of plea is not allowed in courts of the United States military. In 2000 the United States Department of Justice noted, "In an Alford plea the defendant agrees to plead guilty because he or she realizes that there is little chance to win acquittal because of the strong evidence of guilt. About 17% of State inmates and 5% of Federal inmates submitted either an Alford plea or a no contest plea, regardless of the type of attorney. This difference reflects the relative readiness of State courts, compared to Federal courts, to accept an alternative plea."

In the 1995 case State of Idaho v. Howry before the Idaho Court of Appeals, the Court commented on the impact of the Alford guilty plea on later sentencing. The Court ruled, "Although an Alford plea allows a defendant to plead guilty amid assertions of innocence, it does not require a court to accept those assertions. The sentencing court may, of necessity, consider a broad range of information, including the evidence of the crime, the defendant's criminal history and the demeanor of the defendant, including the presence or absence of remorse." In the 1999 South Carolina Supreme Court case State v. Gaines, the Court held that Alford guilty pleas were to be held valid in the absence of a specific on-the-record ruling that the pleas were voluntary – provided that the sentencing judge acted appropriately in accordance with the rules for acceptance of a plea made voluntarily by the defendant. The Court held that a ruling that the plea was entered into voluntarily is implied by the act of sentencing.

"Alford plea (see North Carolina v. Alford, 400 U.S. 25, 91 S.Ct. 160 (1970)) (when a defendant maintains his or her innocence with respect to the charge to which he or she offers to plead guilty)"

In the 2006 case before the United States Court of Appeals for the Fifth Circuit, Ballard v. Burton, Judge Carl E. Stewart writing for the Court held that an Alford guilty plea is a "variation of an ordinary guilty plea". In October 2008, the United States Department of Justice defined an Alford plea as: "when a the defendant maintains his or her innocence with respect to the charge to which he or she offers to plead guilty".

In March 2009, the Minnesota House of Representatives characterized the Alford plea as: "a form of a guilty plea in which the defendant asserts innocence but acknowledges on the record that the prosecutor could present enough evidence to prove guilt." The Minnesota Judicial Branch similarly states: "Alford Plea: A plea of guilty that may be accepted by a court even where the defendant does not admit guilt. In an Alford plea, defendant has to admit that he has reviewed the state's evidence, a reasonable jury could find him guilty, and he wants to take advantage of a plea offer that has been made. Court has discretion as to whether to accept this type of plea."

The U.S. Attorneys' Manual states that in the federal system, Alford pleas "should be avoided except in the most unusual circumstances, even if no plea agreement is involved and the plea would cover all pending charges." U.S. Attorneys are required to obtain the approval of the Assistant Attorney General with supervisory responsibility over the subject matter before accepting such a plea.