Alford Plea - Definition

Definition

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."

The Alford guilty plea is "a plea of guilty containing a protestation of innocence". The defendant pleads guilty, but does not have to specifically admit to the guilt itself. The defendant maintains a claim of innocence, but agrees to the entry of a conviction in the charged crime. Upon receiving an Alford guilty 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. Sources disagree, as may differing states' laws, as to what category of plea the Alford plea falls under: Some sources state that the Alford guilty plea is a form of nolo contendere, where the defendant in the case states "no contest" to the factual matter of the case as given in the charges outlined by the prosecution. Others hold that an Alford plea is simply one form of a guilty plea, and, as with other guilty pleas, the judge must see there is some factual basis for the plea.

Defendants can take advantage of the ability to use the Alford guilty plea, by admitting there is enough evidence to convict them of a higher crime, while at the same time pleading guilty to a lesser charge. Defendants usually enter an Alford guilty plea if they want to avoid a possible worse sentence were they to lose the case against them at trial. It affords defendants the ability to accept a plea bargain, while maintaining innocence.