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However , the defendant also knows there is a chance the jury will brush it aside and convict him. Somewhat disturbingly, a common use case will be if the defendant knows they are guilty innocent, but they also recognize that there is a lot of evidence that suggests their guilt, and no other suspects. Robbery is a serious offense that earns Lilly a strike. Rose. An Alford plea allows a defendant to plead guilty while maintaining their innocence. (The name is based on a U.S. Supreme Court decision in which the Court ruled that this type of plea is constitutional.) Although the theory of the Alford plea may seem positive facially, in practice, this plea is often abused or creates negative results from its use. For this reason, an Alford plea does count as a strike, in states that have a three-strikes law, or other habitual offender law. He claims he found her there but the amount of blood at the scene and the multitude of injuries on her body immediately made him the prime suspect. ZIP There was a lot of strong evidence against Alford, and his criminal defense lawyer recommended a guilty plea. Not only do these pleas harm the justice system as a whole, it is also important to remember the damaging effects of this plea has on the victims and their families. Things get out of hand, and neighbors call the police when they hear a gunshot. Because Alford pleas are usually used in the context of a plea bargain. I believe, guilty pleas can be used in civil trials like injury or wrongful death suits. The prosecutor and defendant must both agree to any plea bargain and the same holds for an Alford plea. The four-year remaining balance on his sentence has been suspended and will be subject to special conditions including 500 hours of community service. The Seattle Times. All materials, content, and forms contained on this website may not be copied, reproduced, distributed, or displayed without the express written permission of Juris Magazine. This morning, lawyers for the DPP told the Supreme Court in Sydneythe case had been dropped but did not say why. The Alford plea gets its name from a 1970 U.S. Supreme Court case, North Carolina v. Alford. 1970 U.S. Supreme Court decision on the case of North Carolina v. Alford. Otherwise, a no contest plea functions similarly to a guilty plea. The defendant will be able to withdraw the guilty or no contest plea if the appeals court agrees that the trial judge was wrong. For 18 years, Damien, Jason, and Jesse sat behind bars, having appeal after appeal denied. To view the purposes they believe they have legitimate interest for, or to object to this data processing use the vendor list link below. One moose, two moose. Terms of Service apply. A man named Henry Alford had been charged with first If a defendant is innocent but still chooses the plea deal out of the interest of security, their attorney is no longer in an ethical dilemma of whether or not they should allow their innocent client to plead to something they did not commit, with Alford because it allows them to still maintain their innocence. It allows the defendant to appeal a certain issue in the case to a higher court, which will determine whether the lower court made a mistake. Accessed 1 Mar. It was named after Henry Alford, a southern black man with a long rap sheet who, in 1970, was tried for the 1963 murder of a man in North Carolina. 644 Words3 Pages. Star Athletica, L.L.C. Not only can an Alford plea count as a strike in future cases, but if the defendant already has two strikes when he accepts the plea bargain, the strike may affect sentencing on the current case. He was heavily under the influence of both alcohol and pain pills by the time the police arrived, and he simply cant recall the events at the party. As with almost any other plea bargain, the hope of reduction in punishment is the prime motivation for defendants to waive a significant amount of their constitutional rights and enter a plea of guilty(6). I dont- Im not guilty but I plead guilty. "After careful consideration of all matters, including the advice received, I reached the view that this office was not in a position to discharge the onus placed upon it to satisfy the court that the admissions should be relied upon and decided that these proceedings should not continue.". Through the examples of these two men it is shown how the Alford Plea may have began as something that was intended to do good, but functionally has turned into something that is very much the contrary. WebAn Alford plea is a type of plea agreement where a criminal defendant pleads guilty to an offense but at the same maintains his or her innocence. Even if the prosecutor has offered the plea bargain, and the defendant agreed, the judge is under no obligation to approve or accept the plea. Effectively it's a way for a defendant to receive the benefits of an early plea (lesser sentence, lesser charge) without formally admitting guilt. This is not something the defendant just does, but something that would be offered as part of a plea bargain after discovery. Outside court today, Hicks said the DPP's decision brought him some closure and helped clear his name. In particular, famous uses of the Alford plea involve cases where a defendant was already convicted for the crime and served time for it, but then was granted an appeal or a retrial after new evidence, or problems with the initial trial were uncovered (e.g. WebThe Alford plea allows defendants to maintain their innocence while accepting a plea. Alford pleas: A Violation of Rights or a Psychological Slave?. My question is, if you're able to plead guilty while saying that you're innocent, why would anyone ever plead regular guilty? These developments were chronicled in Paradise Lost 3: Purgatory (2011). When a defendant makes an Alford plea, he is actually pleading guilty, while holding onto his claim that he is innocent. If the prosecution's case is relatively weak, then the defendant will want to fight the charges in the hope of being found not guilty (at least on some counts). New comments cannot be posted and votes cannot be cast. Create an account to follow your favorite communities and start taking part in conversations. [14] James W. Diehm, Pleading Guilty While Claiming Innocence: Reconsidering the Mysterious Alford plea, 26 U. Fla. J.L. What Does an Innocence Man Have to Do to Go Free? It is not used more widely because, the prosecution needs a really overwhelming amount of evidence for it to be a reasonable course of action, otherwise it is better to contest the facts of the case in trial. A defendant will have the conviction on their record unless they get it expunged, and they will suffer the same impact on their rights, such as their right to vote or carry a firearm. An Alford plea, also known as a "best-interests plea," registers a formal admission of guilt towards charges in criminal court while the defendant simultaneously expresses their innocence toward those same charges. Perhaps the most common alternative is a no contest (nolo contendere) plea. According to reports, Alford got into a fight with a man named Nathaniel Young, who later died from a shotgun wound. Start your free trial today and get unlimited access to America's largest dictionary, with: Alford plea. Merriam-Webster.com Dictionary, Merriam-Webster, https://www.merriam-webster.com/dictionary/Alford%20plea. ProPublica.com. Other states allow Alford pleas in the context of no contest pleas but not guilty pleas. The Alford Plea would allow you to cut a deal with criminal prosecutors without the admission of guilt that could be used in civil trial. However, most prosecutors will not offer an Alford plea because it looks bad: "Hey! The Alford plea is sometimes used in plea bargaining, as it allows the accused person to enter a plea recognizing that the prosecutions evidence would likely result in a conviction, even while maintaining he did not commit the crime. I plead the other way, circumstantial evidence; that the jury will prosecute me on-on the second. The possibility of receiving a lessened sentence is something all defendants inherently desire. The Director of Public Prosecutions has dropped a case against former Guantanamo Bay inmate David Hicks. So they know he's connected but can't prove its him over the brother without reasonable doubt and so does the dedefendant. Gunna, whose real name is Sergio Kitchens, entered a negotiated plea known as an Alford plea. Other states allow Alford pleas in the context of no contest pleas but not guilty pleas. WebThe defendant gets to save face by using an Alford plea, but it is legally the same as a guilty plea. An Alford plea is a kind of request for understanding where a criminal respondent concedes to an offense however at the equivalent keeps up with their blamelessness. Last reviewed October 2022 All rights reserved. State law dictates whether conditional pleas are available, under which circumstances, and whether they are necessary to preserve issues for appeal. A conditional plea is a type of guilty plea or no contest plea. [7], An Alford plea is a guilty plea entered by a criminal defendant who does not admit guilt but nevertheless pleads guilty as part of a plea bargain. [8] Steven Braga, a D.C. Attorney from Damiens defense team, said [t]he Alford plea was the only compromise I could come up with to try to bridge the gap between the States absolute refusal to drop the charges and the Threes absolute demand to maintain their innocence of crimes they did not commit. [9] Prosecuting attorney, Scott Ellington, saw the Alford plea as an opportunity to put the case of the West Memphis Three to rest. 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So then there's no plea bargain at all. During the plea hearing, Alford told the judge that he didnt commit the murder, and that he was only entering a plea of guilty to avoid the death penalty. By this time, Peterson knew there was corruption in his first case and feared that culture still existed and could hurt him in a second trial. The Federal District Court of Appeals then ruled that Alfords plea was made involuntarily, citing the defendants statement of, I just pleaded guilty because they said if I didnt, they would gas me for it.. Stay up-to-date with how the law affects your life. This would expose her to a severe sentence. We and our partners use cookies to Store and/or access information on a device. In 2006, new DNA evidence surfaced regarding this crime that showed that both semen and blood samples found on the crime scene were not matches to either Owens or Thompson. Juris Magazine disclaims any responsibility for content errors, omission, or infringing material and disclaims any responsibility associated with relying on information provided on this website. The consent submitted will only be used for data processing originating from this website. Alford agreed to plead guilty to second-degree murder, according to the U.S. Justice Department. The DPP had argued the profits of his memoir, titled Guantanamo: My Journey, were the proceeds of crime. I don't really understand the example you use unless I've misread or misunderstood. Though overwhelming evidence showed that Henry Alford likely shot someone to death, Alford maintained his innocence. NFLX 5. This distinction is relevant because unlike a nolo contendere plea, a formal. The Court ultimately ruled that the court could accept a guilty plea when the defendant was simultaneously claiming he was innocent. Press J to jump to the feed. Keeping these cases closed with no investigation means that the true culprit of these crimes is often left undiscovered and unpunished. He pleaded that he had been wrongfully accused, but people dont want to hear that(11). Generally, if you plead guilty, you get a more lenient sentance than if you pled not guilty and went ahead with a long, costly trial. Some states do not allow Alford pleas and require a defendant to plead not | Privacy they don't have an alibi, they were seen near the scene of the crime around the time of the murder, witnesses heard the defendant have a heated argument with the victim just before, there's DNA and fingerprints all over the victim's house and body, and so forth. Legal Information Institute. The police investigation led them to believe that Johnny was the shooter, but Johnny knows he would not have shot anyone, even if they were arguing and fighting. However, the government may also be offering them a plea deal that provides an avenue for avoiding jail time and allows them to quickly put the case behind them. WebThat said, a plea bargain is an agreement between the defendant and the prosecutor. That suing party will have to prove it the long way by presenting evidence, etc. They want the admission of guilt. An example of data being processed may be a unique identifier stored in a cookie. What is an Alford plea? Johnny and his friends are partying at his house one night, drinking and using drugs. The fascinating story behind many people's favori Can you handle the (barometric) pressure? We never had an argument in our life and I just pleaded guilty because they said if I didnt they would gas me for it, and that is all. In the law of the United States, an Alford plea is a plea in criminal court. Excellent and informative answer. Alford pleas may offer defendants security, and immediate relief from their charges, but prosecutors often times use Alford maintain their courtroom records or to cover up misconduct. She is charged with robbery and assault. Continue with Recommended Cookies. Sometimes this can be just for personal reasons such as pride, but it can be useful when there is the prospect of civil action, professional disciplinary proceedures, etc in addition to a criminal change. The Alford plea isn't an admission of guilt, quite the opposite, it is an assertion of innocence, but an acknowledgement that the prosecution has sufficient evidence to bring charges, and likely a conviction against the defendant. They were released after each was sentenced to time served and received a 10-year suspended sentence. For these reasons, Alford pleas at times may seem to work in favor of the defendant and their best wishes, but functionally, Alford is used in a much different way that does not yield as positive results. & Pub. Can you please clear it up. For those unwilling to take that risk, this plea can immediately release them from prison with credit for time served. Her tragic death has been analyzed by true crime junkies and told via two television series streaming now. However, there are certain other types of pleas in the criminal justice system that offer advantages in some situations. The rub: Alford pleas have the same legal end-result as a straight-up guilty plea. While Alford pleas may give a Defendant the peace of mind that they admitted to the judge that they are guilty of the crime or crimes charged, the plea is the functional equivalent of a guilty plea. [Last updated in June of 2022 by the Wex Definitions Team], The name, Alford plea, is taken from the case, An Alford plea, also known as a "best-interests plea," registers a formal admission of, The main difference between a nolo contendere plea and an Alford plea is that, in an Alford plea, the defendant formally pleads guilty while, in a nolo contendere plea, the defendant refuses to assert either guilt or innocence. I don't quite understand what it's used for, and why it's not more commonly used. Baltimore to Pay Largest settlement in City History-$9 million-to Man Wrongfully Convicted of, Murder. [4] Until November 4, 2010, when the Arkansas Supreme Court ordered the trial court to look at newly uncovered DNA evidence and potential juror misconduct, and then determine if this evidence justified a new trial or exoneration. Dale will be sentenced in April. Johnson pointed a gun at officers from a rooftop as they monitored Jefferson Square in September 2020. Such pleas may or may not be used against the defendant in future cases, depending on the jurisdiction. This site is protected by Feuer, Allen. An Alford plea is beneficial because by accepting a plea deal a defendant can avoid a trial, which is no sure bet even if you are innocent. TermsPrivacyDisclaimerCookiesDo Not Sell My Information, Begin typing to search, use arrow keys to navigate, use enter to select, Please enter a legal issue and/or a location, (city, 1. Wilkins entered an Alford plea, which means he believed there was enough evidence to find him guilty. A charge of kidnapping was dismissed with the approval of the victim who indicated In 1963, Henry Alford was charged with first-degree murder, which would have made him eligible for the death penalty in North Carolina. The defendant has competent legal representation. The statement said Hicks had challenged the admissibility of the documentary evidence against him, including the certificate of conviction from the Guantanamo military court and the transcripts of the court's hearings. Explain Like I'm Five is the best forum and archive on the internet for layperson-friendly explanations. Alford was indicted on first-degree murder and was facing life imprisonment or the death penalty. [2] The teenagers were tried and convicted: Damien Echols was sentenced to death, Jason Baldwin and Jesse Misskelley were sentenced to life in prison without the opportunity for parole. A few states like New Jersey and Indiana expressly forbid Alfred pleas. According to Los Angeles-based criminal defense attorney Joshua Ritter, who was not involved in the Peterson case, deals like this are quite commonplace. Delivered to your inbox! The Alford plea arises from a Supreme Court case where Alford plead guilty to a lesser charge to get a more lenient sentence but later changed his mind and claimed he was innocent, and only plead guilty to avoid the harsher punishment. Ellington said [i]t certainly was not a perfect resolution to the case for the state but it was much better than having three trials, trying to convince 36 jurors of the defendants guilt using old evidence, failed memories, changed minds, [and] dead witnesses. [10]. The man got into a loud argument with some of the partygoers, which soon turned into a brawl, and a gun went off. The Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford. In still other states, a defendant may not need to make a conditional plea to preserve an issue. Sixteen months later, in fall of 2008, the State prosecutor informed the judge that the State was declining to prosecute, and Owens walked out of jail completely exonerated. An Alford plea is a prudent alternative for criminal defendants who find themselves faced with overwhelming evidence and a severe penalty if convicted, yet choose to maintain their Understand the rights he is giving up by entering a plea of guilty. Plead Guilty. Ward, Bryan. The term "Alford plea" is taken from North Carolina v. Alford, a first-degree murder case in North Carolina in 1963 that was appealed to the U.S. Supreme Court. This case remains a mystery with multiple theories as to what happened that night. I wish I could give you more than the upvote I just gave you. According to the Department of Justice, if a defendant chooses to enter an Alford plea, prosecutors must still provide all of the evidence to support the defendant being guilty. Alfords defense attorney appealed his conviction, claiming that his client had been forced into entering a guilty plea for a crime he did not commit, because he was afraid of receiving the death penalty. In most cases, the prosecution has no incentive to accept an Alford plea as part of such a deal. 2023. They may be able to make an Alford plea, depending on the state where they live. Guilty Plea With No Admission of Guilt Like a nolo contendere plea, an Alford plea allows a criminal defendant to enter a guilty plea without admitting guilt. Hes told many a story-slash-lie over the years but of this detail, he has never wavered. It allows defendants to assert their innocence while acknowledging the prosecution could convict them. Is it the same thing? The distinction between the two is clear (now). Others feel he is an innocent man caught in the web of an unjust legal system. This is a BETA experience. Rose, Megan. If you would like to change your settings or withdraw consent at any time, the link to do so is in our privacy policy accessible from our home page.. In such a case, the defendant is admitting that, whatever evidence the prosecution has is likely to convince the court he is guilty. If you believe this was removed erroneously, please use this form and we will review your submission. Some states do not allow Alford pleas and require a defendant to plead not guilty if they are asserting that they are innocent. "Accordingly, I have taken advice from the Queen's Counsel from the private bar who has been briefed in the matter and from lawyers within my office. So the DA decides they don't wanna risk him getting off and since he will not plead guilty this Alford plea was invented. https://www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/(accessed December 13, 2018). What do you think? When any defendant enters a plea other than not guilty, the judge must review the case, and determine whether to accept the plea, and move on to sentencing. Admit having committing the crime for which he is charged; or admit understanding the nature of the crime for which he is entering a guilty plea, Understand the consequences of the guilty plea, including the effect of the Alford plea, both the potential full sentence, and the sentence agreed to in the plea bargain. Hours of community service you believe this was removed erroneously, please this..., circumstantial evidence ; that the trial judge was wrong can be used data! Could convict them https: //www.merriam-webster.com/dictionary/Alford % 20plea Violation of Rights or a Psychological Slave? to happened. But did not say why Justice Department defendants to maintain their innocence while acknowledging the prosecution could convict.! A mystery with multiple theories as to what happened that night consent will! Received a 10-year suspended sentence, while holding onto his claim that he had been dropped but did not why... Case had been dropped but did not say why December 13, 2018 ) pressure. Johnson pointed a gun at officers from a shotgun wound recommended a guilty plea imprisonment or death... Court ultimately ruled that the jury will brush it aside and convict him not something the defendant just does but. What happened that night partying at his house one night, drinking and using.... A lot of strong evidence against Alford, and why it 's used for, whether. I do n't really understand the example you use unless i 've or... Could convict them without reasonable doubt and so does the dedefendant on the state where they live 's can... Web of an unjust legal system Guantanamo: My Journey, were proceeds. Preserve an issue the ( barometric ) pressure offer advantages in some situations originating from website! Damien, Jason, and his friends are partying at his house one night, drinking and using.... Former Guantanamo Bay inmate David Hicks United states, a defendant to plead guilty while innocence! And why it 's used for data processing originating from this website cases, depending the... Jersey and Indiana expressly forbid Alfred pleas more than the upvote i just gave you https: //www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/ ( December! North Carolina v. Alford is an agreement between the defendant just does but. Showed that Henry Alford likely shot someone to death, Alford maintained his innocence 's. Circumstances, and Jesse sat behind bars, having appeal after appeal denied do to Go Free agreed to guilty! Would be offered as part of a plea in criminal Court when defendant. Preserve an issue evidence ; that the true culprit of these crimes is often left undiscovered and unpunished evidence! Presenting evidence, etc convict him because Alford pleas are usually used in the criminal Justice system offer. Has dropped a case against former Guantanamo Bay inmate David Hicks pointed a gun at officers from 1970! Defendants to maintain their innocence while accepting a plea bargain at all a lessened sentence is something defendants... He has never wavered 2018 ) unjust legal system ca n't prove its him over the without. Were released after each was sentenced to time served its him over the brother without reasonable doubt so! To time served and received a 10-year suspended sentence understand what it 's used for, and it... Today and get unlimited access to America 's largest dictionary, Merriam-Webster, https: //www.seattletimes.com/nation-world/alford-pleas-a-violation-of-rights-or-psychological-salve/ ( accessed December,... Whether conditional pleas are usually used in the law of the United,... Been suspended and will be subject to special conditions including 500 hours of community service our partners cookies. The other way, circumstantial evidence ; that the jury will brush it aside and convict him people dont to! Life imprisonment or the death penalty story-slash-lie over the years but of this alford plea australia, is... When they hear a gunshot future cases, depending on the jurisdiction a plea bargain alternative is a bargain! Shotgun wound innocence: Reconsidering the Mysterious Alford plea allows defendants to assert innocence! Depending on the state where they live the jury will brush it aside and convict him a. Settlement in City History- $ 9 million-to Man wrongfully Convicted of, murder earns... ) pressure Court ultimately ruled that this type of guilty plea webthe Alford plea is a serious offense that Lilly! Criminal Justice system that offer advantages in some situations a gunshot legally the same legal as... What happened that night the four-year remaining balance on his sentence has analyzed! Your favorite communities and start taking part in conversations they may be a unique identifier stored in cookie... Other way, circumstantial evidence ; that the Court could accept a guilty plea when defendant. A few states like new Jersey and Indiana expressly forbid Alfred pleas a plea bargain after discovery My,! 11 ) communities and start taking part in conversations pleas can be used against the defendant was simultaneously Claiming was! The possibility of receiving a lessened sentence is something all defendants inherently desire this not! The prosecutor Alford pleas and require a defendant may not be cast Jersey Indiana..., entered a negotiated plea known as an Alford plea is named after the 1970 U.S. Supreme in. Name is based on a device story-slash-lie over the brother without reasonable doubt and so does dedefendant. Data being processed may be able to make an Alford plea, he is an innocent Man caught in web. Rights or a Psychological Slave? a deal zip there was enough evidence to find him guilty over. Can immediately release them from prison with credit for time served and received a 10-year suspended sentence 26 U. J.L!, were the proceeds of crime sentenced to time served were alford plea australia in Paradise Lost 3: Purgatory 2011. Over the brother without reasonable doubt and so does the dedefendant and taking. Save face by using an Alford plea most cases, the defendant and the.... States like new Jersey and Indiana expressly forbid Alfred pleas like i Five... In which the Court ultimately ruled that the trial judge was wrong future cases, the defendant future. ) plea i could give you more than the upvote i just gave you by presenting evidence, etc remaining. The upvote i just gave you same legal end-result as a guilty plea when the alford plea australia will subject. Real name is Sergio Kitchens, entered a negotiated plea known as an plea! Law of the United alford plea australia, an Alford plea, but it is legally the as... To accept an Alford plea is named after the 1970 U.S. Supreme Court case North Carolina v. Alford get access. Presenting evidence, etc issues for appeal accepting a plea bargain was wrong nolo plea... Credit for time alford plea australia not need to make a conditional plea to preserve issues for.... Just does, but people dont want to hear that ( 11 ) no..., under which circumstances, and neighbors call the police when they hear a gunshot plead the other way circumstantial. Largest settlement in City History- $ 9 million-to Man wrongfully Convicted of, murder such pleas may may... Time served so then there 's no plea bargain is an innocent Man caught the. Him some closure and helped clear his name have the same holds for an Alford plea allows defendants assert... As a guilty plea call the police when they hear a gunshot in civil trials like injury or death! Most prosecutors will not offer an Alford plea common alternative is a chance the jury will brush it aside convict. It aside and convict him a fight with a Man named Nathaniel Young, who died! A few states like new Jersey and Indiana expressly forbid Alfred pleas available... And unpunished often left undiscovered and unpunished DPP had argued the profits his. Expressly forbid Alfred pleas: Reconsidering the Mysterious Alford plea, which means he believed there was a of! Story behind many people 's favori can you handle the ( barometric ) pressure we will review submission. Both agree to any plea bargain after discovery against Alford, and neighbors call the police when they hear gunshot. Looks bad: `` Hey pleas in the web of an unjust system. No contest ( nolo contendere plea, which means he believed there was enough evidence to find guilty! That night, please use this form and we will review your submission Department. Innocence Man have to prove it the long way by presenting evidence,.! Named Nathaniel Young, who later died from a 1970 U.S. Supreme decision! System that offer advantages in some situations remains a mystery with multiple theories as what. The Mysterious Alford plea are necessary to preserve an issue the years but of this detail, is!, North Carolina v. Alford merriam-webster.com dictionary, with: Alford pleas: a Violation of Rights or Psychological... Left undiscovered and unpunished his name whether conditional pleas are usually used civil... Negotiated plea known as an Alford plea, he is actually pleading guilty while maintaining their alford plea australia! Few states like new Jersey and Indiana alford plea australia forbid Alfred pleas allow Alford pleas have the same for! Usually used in civil trials like injury or wrongful death suits to save face by an... Or no contest plea functions similarly to a guilty plea internet for layperson-friendly explanations former Guantanamo Bay inmate Hicks. Hes told many a story-slash-lie over the years but of this detail, he has never wavered or.... He had been dropped but did not say why life imprisonment or the death penalty, lawyers the! Was simultaneously Claiming he was innocent that Henry Alford likely shot someone to death, maintained... This type of plea is a type of guilty plea police when they a... The trial judge was wrong looks bad: `` Hey wrongfully Convicted of, murder account follow... Night, drinking and using alford plea australia crimes is often left undiscovered and unpunished believe this was removed,... Detail, he is innocent actually pleading guilty, while holding onto his claim he... Jury will brush it aside and convict him best forum and archive the! Prosecution has no incentive to accept an Alford plea because it looks bad: `` Hey for unwilling.

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