North Carolina v. Alford, 400 U.S. 25 (1970), 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, under duress, as a detainee status. This type of plea has become known as an Alford plea, differing slightly from the nolo contendere plea in which the defendant agrees to being sentenced for the crime, but does not admit guilt. Alford was paroled in 1974 and killed in a traffic accident about eight months later.
Case
Trial and appeals
On November 22, 1963, Henry Alford, who had previously been convicted of murder and armed robbery, and a woman companion rented a room at a “party house” in Winston-Salem, North Carolina and allegedly got into a fight with its proprietor, Nathaniel Young. Later, that same evening, an assailant murdered Young with a shotgun. Henry Alford was indicted for first-degree murder in North Carolina, in December 1963. with six years experience, interviewed several witnesses and was convinced of Alford's guilt. Despite Alford's claims of innocence and the lack of eyewitnesses to the crime itself, witnesses observed Alford retrieve his gun shortly before the murder, heard him state he was going to kill the victim, and then state that he had done so, once he returned home. Alford also had a lengthy criminal history, including a prior conviction for murder. The attorney believed that Alford would probably be convicted at trial,
See also
- List of United States Supreme Court cases, volume 400
- Brady v. United States,
- Frendak v. United States
References
Further reading
External links
- Issue: Effect of Alford Plea of Guilty, Issues In NY Criminal Law, Volume 4, Issue 11.
- Transcript Of Plea Form, North Carolina, with question about Alford plea
;Court cases
- US v. Szucko , case cited by United States Court of Appeals for the Fifth Circuit
- US v. Bierd, case cited by United States Court of Appeals for the First Circuit
