North Carolina vs. Alford PDF

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Andy Chrispen CJS 305.001 North Carolina vs. Alford 400 U.S. 25 (1970) FACTS: On December 2, 1963, Alford was indicted for first-degree murder. His attorney that was appointed to him questioned every witness besides the one that would supposedly claim his innocence the most. The witnesses that were brought to the stand actually claimed that Alford was guilty. This attorney recommended that Alford plead guilty based on all of the evidence and the prosecutor granted the plea of guilty to second-degree murder. Alford plead guilty to the reduced charge. Alford said that he was only pleading guilty to avoid the death penalty while he was on the stand. The trial court asked him if he would still like to plead guilty and he said yes because his attorney told him to. Alford got 30 years in prison after the trial. He maintained that he never shot anyone and that he only plead guilty because of his attorney. On appeal, the Court of Appeals of the Fourth Circuit reversed on the grounds that Alford’s plea was not voluntary. QUESTION: Is the plea of guilty on counsel’s advice without the concurrence of the defendant a voluntary plea? OPINION: White, J. along with Burger, C.J. and Harlan, Stewart, and Blackmun, JJ. 1. Usually there is an admission that the defendant committed the crime that he or she is pleading to a. There does not have to be though 2. Just because someone says that they did not do it does not mean they are being truthful a. There was a lot of evidence against Alford and neither of them wanted a trial in this case 3. Judgment is vacated and remanded DISSENT: Brennan, J. along with Douglas and Marshall, JJ. 1. The voluntariness must always be questioned a. When someone says they are not guilty it at least needs to be considered b. There were also other factors...