Alford plea ( Archived) (15)

Apr 3, 2022 3:02 PM CST Alford plea
Deedee123x
Deedee123xDeedee123xLimerick, Ireland69 Threads 4,795 Posts
I watch alot of crime shows and this is a new one on me.

Once brought to trial a defendant can submit an Alford plea which to my understanding is where thr defendant knows that the prosecution have enough evidence to convict them, and so they know they will be found guilty, but in submitting the Alford plea they accept the inevitable guilty plea but without the admission themselves that they are guilty, so that they can receive a lesser sentence.

confused

Why is this even a thing
I don't get it, why is there so many options to an obviously guilty person, so that they can get less time.
Are the courts that clogged up that they would accept this joke of a plea?
Is it new in America or has it always been there.
I've only come across a few cases where it's been given and funny enough in the last 3 I've seen it was given and accepted?

Is it not a slap in the face to the family of the victim.
Why should anyone who, premeditated, takes the life of another.

I put this in current events but I'm not sure it's all that current a thing.
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Apr 3, 2022 3:09 PM CST Alford plea
raphael119
raphael119raphael119washington d.c., District of Columbia USA19 Threads 3 Polls 5,181 Posts
Everybody is tough on crime but when they see the bill for incarceration it's time to hide.
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Apr 3, 2022 3:17 PM CST Alford plea
Deedee123x
Deedee123xDeedee123xLimerick, Ireland69 Threads 4,795 Posts
raphael119: Everybody is tough on crime but when they see the bill for incarceration it's time to hide.
Would rather foot it than be afraid to leave the house
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Apr 3, 2022 4:10 PM CST Alford plea
jac_the_gripper
jac_the_gripperjac_the_gripperTonyrefail, South Glamorgan, Wales UK24 Threads 5,363 Posts
I imagine it's multifaceted.

Given that at least 186 people on death row in the US have been exonerated (a large proportion due to DNA evidence), it offers some protection for the large proportion of innocent defendents who are convicted in the US.

I think it's been estimated that around10% of executions in the states are miscarriages of justice. Clive Stafford Smith asked a group of people to put a percentage figure on 'beyond a reasonable doubt' and even a highly respected judge was okay with 90-95% which translates to 1 in 10 to 1 in 20 innocent people being executed.

It's certainly a recognition of the plea bargaining system in the US, but there's an irony in that: plea bargaining prompts innocent people to plead guilty rather than put their faith in a very fallable system; the system is in part fallable because of plea bargaining.

You mght find this interesting:

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Apr 3, 2022 4:49 PM CST Alford plea
I looked it up and didn't like what I found. Although it was something done by the Supreme Court in 1970, it's nothing buy nolo contendere (which is I do not want to contend the charges). Why it's something else, I do not see. It seems another distortion of justice, which is not unusual these days.
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Apr 3, 2022 8:03 PM CST Alford plea
Mercedes_00
Mercedes_00Mercedes_00Greater Sydney, New South Wales Australia18 Threads 20,428 Posts
I like true crime shows..Good thread Dee thumbs up
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Apr 5, 2022 1:02 PM CST Alford plea
Deedee123x
Deedee123xDeedee123xLimerick, Ireland69 Threads 4,795 Posts
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Alford Pleas and Appeals: Maintaining Innocence During a Guilty Plea Does NOT Preserve Appellate Rights
By: Megan Patituce



The ability to challenge issues on appeal is not unfettered. Certain choices made at the trial level will impact what challenges may be raised on appeal. This applies equally to pleas and trials. For example, a bench trial will, almost without exception, significantly diminish appellate challenges available compared to those available after a jury trial. Likewise, a guilty plea will significantly limit the available appellate remedies in comparison to a no contest plea.

The Sixth District recently had cause to reaffirm that guilty pleas, no matter how entered, strip available appellate remedies. State v. Blackmon, 6th Dist. Lucas No. L-19-1036, 2020-Ohio-2857 (May 8, 2020). Mr. Blackmon faced two indictments, brought two months apart, stemming from one incident. On the day of trial, the state offered to dismiss the second indictment in exchange for a guilty plea to an amended charge in the first indictment. Mr. Blackmon entered an Alford plea and was sentenced consistent with the recommendation of the state.

Here, Mr. Blackmon sought to challenge the trial court’s failure to rule on a motion filed by the state to join the two indictments or, in the alternative, dismiss the state’s motion for joinder. Mr. Blackmon did not challenge the voluntariness of his plea, which the Sixth District found to be knowing, voluntary, and intelligent. That plea, despite being an Alford plea through which Mr. Blackmon maintained his innocence, operated as a waiver to any claims he may have had regarding the underlying joinder issue.

The Sixth District reiterated long-standing precedent that Alford pleas are still guilty pleas and, as such, result in a waiver of trial errors. The Sixth District determined that, even if his Alford plea had not waived his appellate rights as to the joinder issues, there was no plain error below. The Blackmon decision serves as a reminder that all decisions, be they at trial or plea, impact future appellate rights.

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Apr 5, 2022 1:05 PM CST Alford plea
irish78eyes
irish78eyesirish78eyesMeath/Louth, Louth Ireland22 Threads 6,274 Posts
Deedee123x: I watch alot of crime shows and this is a new one on me.

Once brought to trial a defendant can submit an Alford plea which to my understanding is where thr defendant knows that the prosecution have enough evidence to convict them, and so they know they will be found guilty, but in submitting the Alford plea they accept the inevitable guilty plea but without the admission themselves that they are guilty, so that they can receive a lesser sentence.



Why is this even a thing
I don't get it, why is there so many options to an obviously guilty person, so that they can get less time.
Are the courts that clogged up that they would accept this joke of a plea?
Is it new in America or has it always been there.
I've only come across a few cases where it's been given and funny enough in the last 3 I've seen it was given and accepted?

Is it not a slap in the face to the family of the victim.
Why should anyone who, premeditated, takes the life of another.

I put this in current events but I'm not sure it's all that current a thing.
Yeah doesn't make any sense to me, I watch alot of crime too I never seen that before
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Apr 5, 2022 1:08 PM CST Alford plea
Deedee123x
Deedee123xDeedee123xLimerick, Ireland69 Threads 4,795 Posts
I watched the video Jac...certainly a very interesting man...must watch more on him.

Thanks Mer.
I'm new to this and don't know even a fraction...but am interested in it.
If I come across again the cases that I saw that offered it then I will post a link here, but I watch so many I can't remember the names


And Jac the ones that I saw, there was no doubt in my mind, or that of the person who research it that he had done it.

Interesting that it's something someone innocent has to go with.
I would have always imagined it was only for those who were most certain guilty but wanted an easier and shorter term inside.

I've seen some interrogations where the person was innocent and the questioning and almost coercion they were subjected to make me sick.

I'll go find one case that shocked me and will let you make up your own minds on it, those that want to watch that is
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Apr 5, 2022 1:16 PM CST Alford plea
Deedee123x
Deedee123xDeedee123xLimerick, Ireland69 Threads 4,795 Posts


This is the case I was talking about.

It's an hour long so I don't presume that anyone will watch.

Basically it's Ryan Waller.
Police were called to his house , Ryan was coherent and cooperative.. said that people entered his house and shot him and his girlfriend...the girlfriend was dead on the couch..he was alive...pretty OK to suspect at that stage he was guilty and lying.
Ryan is lucid at the beginning...after a while he starts to me less sense and starts to feel sleepy and tired and uncooperative
He is interrogated for a long time...before the interrogator realises that Ryan was in fact shot in the face and was dying before his eyes.

Baffling
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Apr 5, 2022 1:20 PM CST Alford plea
Deedee123x
Deedee123xDeedee123xLimerick, Ireland69 Threads 4,795 Posts
irish78eyes: Yeah doesn't make any sense to me, I watch alot of crime too I never seen that before
What ones do you watch I watch alot of YouTube.
I like That Chapter.. Irish guy who goes through the cases ..puts in humour but its mostly aimed at the guilty...he is the one to go to for more lighter ones
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Apr 5, 2022 2:01 PM CST Alford plea
irish78eyes
irish78eyesirish78eyesMeath/Louth, Louth Ireland22 Threads 6,274 Posts
Deedee123x: What ones do you watch I watch alot of YouTube.
I like That Chapter.. Irish guy who goes through the cases ..puts in humour but its mostly aimed at the guilty...he is the one to go to for more lighter ones
I watch the true crime channel, most horrific murders as in Brady, hinley..I watch the first 48 too, where you are with detectives solving homicides, some on YouTube trials too. At the moment on YouTube I got side tracked with the guy that worked with Veronica guerin, not sure how old they are but he delves into the gang/drug wars in Ireland.

I think I watch that much I wipe fingerprints off the remote lol it's good to take a break from it too I be going to bed figuring it all out laugh
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Apr 11, 2022 5:30 PM CST Alford plea
Deedee123x: I watch alot of crime shows and this is a new one on me.

Once brought to trial a defendant can submit an Alford plea which to my understanding is where thr defendant knows that the prosecution have enough evidence to convict them, and so they know they will be found guilty, but in submitting the Alford plea they accept the inevitable guilty plea but without the admission themselves that they are guilty, so that they can receive a lesser sentence.



Why is this even a thing
I don't get it, why is there so many options to an obviously guilty person, so that they can get less time.
Are the courts that clogged up that they would accept this joke of a plea?
Is it new in America or has it always been there.
I've only come across a few cases where it's been given and funny enough in the last 3 I've seen it was given and accepted?

Is it not a slap in the face to the family of the victim.
Why should anyone who, premeditated, takes the life of another.

I put this in current events but I'm not sure it's all that current a thing.
I’ve never liked any form of plea-bargaining. No lawyer, here, but I’ve been a juror, and for a considerable time in two difficult trials. “Voir Dire” is a court 101 that is drilled into your skull during challenge (the weighing by both attorneys of each jury candidate’s durability). It’s meaning is simple, but severe. “To seek the truth”. This is further parsed by courts as “ the truth, the whole truth, and nothing but the truth”. Plea bargain is a tacit side-stepping of this mandate. In plea bargaining, you either admit to something you didn’t do (a lie; not the truth), or you don’t admit, nor are tried, for something you really did do (partial admittance, not the whole truth). Either way, it is contrary to law, because it promotes a form of perjury, which is illegal. Just my take on it…a compromise that sucks.
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Apr 19, 2022 4:32 PM CST Alford plea
jac_the_gripper
jac_the_gripperjac_the_gripperTonyrefail, South Glamorgan, Wales UK24 Threads 5,363 Posts
I wonder if the BLM movement has considered a campaign of rejecting plea bargains and insisting on jury trials.

Given that people of colour are disproportinately criminaly charged, disproportinately too poor to pay for adequate legal counsel and 98% of criminal cases in the US are resolved via plea bargaining, it's a Jim Crowesque system that would collapse under a mass refusal to accept plea bargains.

The US judicial system would be forced to blatantly disregard constitutional rights leading to civil suits, or reform.
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Apr 19, 2022 4:53 PM CST Alford plea
galrads
galradsgalradsDublin, Ohio USA2,264 Threads 279 Polls 36,283 Posts
rohaan: I’ve never liked any form of plea-bargaining. No lawyer, here, but I’ve been a juror, and for a considerable time in two difficult trials. “Voir Dire” is a court 101 that is drilled into your skull during challenge (the weighing by both attorneys of each jury candidate’s durability). It’s meaning is simple, but severe. “To seek the truth”. This is further parsed by courts as “ the truth, the whole truth, and nothing but the truth”. Plea bargain is a tacit side-stepping of this mandate. In plea bargaining, you either admit to something you didn’t do (a lie; not the truth), or you don’t admit, nor are tried, for something you really did do (partial admittance, not the whole truth). Either way, it is contrary to law, because it promotes a form of perjury, which is illegal. Just my take on it…a compromise that sucks.
I purposely contradicted myself while being considered for jury selection for a p*dophile case. The defense attorney and his client decided to drop the idea of a hearing by a jury and let the judge decide the case.
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